Bríd Smith (Dublin South Central, People Before Profit Alliance)
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447. To ask the Minister for Education and Skills if there are grounds for an appeal by a person (details supplied) to be included in the redress scheme for persons who were sexually and physically abused in Catholic schools in view of the fact that the original appeal was refused on the grounds that legal proceedings had not been brought against the State before 1 July 2021; and if she will make a statement on the matter. [18320/22]

Norma Foley (Kerry, Fianna Fail)
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A revised ex gratia scheme to implement the European Court of Human Rights (ECtHR) judgment in O'Keeffe v Ireland, which concerned sexual abuse in day schools, is open for applications. This scheme, which was developed in consultation with the Office of the Attorney General, provides for ex gratia payments to be made to those who are eligible to apply and 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. The revised scheme opened for applications on 21 July 2021.

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 Irelandand who did not receive a payment under the 2015 Scheme. However, the revised scheme goes beyond that group in that all others who issued legal 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.