Written answers

Tuesday, 28 September 2021

Department of Education and Skills

Departmental Schemes

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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444. To ask the Minister for Education and Skills if she will establish an ex gratia scheme to compensate the victims of institutional abuse for persons who did not take legal action against the State but who will be taking a judicial review of the matter in October 2021; and if she will make a statement on the matter. [46114/21]

Photo of Norma FoleyNorma 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 (ECtHR) judgement 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.

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.

Ireland is committed to fulfilling its obligations in implementing the ECtHR ruling. This means that the revised scheme is designed first and foremost to provide a remedy to those who had issued and discontinued their proceedings against the State prior to the ECtHR ruling in O'Keeffe v Ireland and who did not receive a payment under the 2015 Scheme. However, the revised scheme goes beyond that group in that all others who issued civil proceedings against the State at a later date and up to 1 July 2021, whether they are still in being, were discontinued at any point, or who had settled with the State, may also apply for an award.

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) broadens the means trough which an applicant can demonstrate that they fall within the terms of the ECtHR judgment. To date the Scheme Administrator has received 44 applications for an award, of which 36 have been approved so far.

I am not aware of any legal challenge in respect of the revised ex gratia scheme and therefore am not in a position to comment in this regard.

Full details of the Terms of 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 and who require clarification or further information are also provided.

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