Holly Cairns (Cork South West, Social Democrats)
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1069. To ask the Minister for Education and Skills if it will be ensured that the revised ex-gratia scheme established to implement the European Court of Human Rights judgement relating to childhood sexual abuse in day schools that has now been reopened for applications includes persons who have established through criminal court cases their claim of sexual assault and violation in an Irish school setting. [41093/21]

Norma Foley (Kerry, Fianna Fail)
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As the Deputy is aware, a revised ex gratia scheme to implement the European Court of Human Rights judgement (ECtHR) relating to childhood sexual abuse in day schools is now open for applications. The Scheme, which was developed in consultation with the Office of the Attorney General, provides for ex gratia payments to be made to those who qualify to apply for the Scheme and who satisfy the criteria as set out in the Terms of Scheme.

Ireland is committed to fulfilling its obligations in implementing the ECtHR ruling. This means that the scheme is designed first and foremost to provide a remedy to those who had issued and discontinued their proceedings prior to the ECtHR ruling in O'Keeffe vs Ireland. The revised scheme goes beyond that core group in that all others who issued civil proceedings against the state in the past, whether they are still in being, were discontinued at any point or who had settled with the state may also apply for an award.

The ex gratia scheme was originally established in 2015 and was put in place to provide those, who had instituted legal proceedings against the State in respect of day school sexual abuse and subsequently discontinued those proceedings following rulings in the domestic courts, with an opportunity to apply for an ex gratia payment. The Scheme was paused in 2019 following a report from retired High Court Judge Iarfhlaith O’Neill who, as Independent Assessor, reviewed a number of unsuccessful applications to the Scheme and was of the view that the criteria to qualify for a payment were too restrictive for this group of applicants.

This cohort are now eligible to apply under the revised Scheme if they have not already received a payment under the 2015 Scheme. However, the revised Scheme also allows those who issued legal proceedings against the State at a later date and up to 1 July 2021 to apply for a payment under the Scheme.

As well as broadening the scope of the Scheme, the type and nature of evidence that will be considered by the State Claims Agency in respect of individual applications (and as set out in the Terms of Scheme) will make it considerably easier for an applicant to demonstrate that they fall within the terms of the ECtHR judgment.

Full details of the terms of the Scheme are available on www.gov.ie/en/service/90a42-revised-ex-gratia-scheme/. Contact details for my Department for those wishing to apply to the scheme who require any clarification or information are provided.