Paul Murphy (Dublin South West, RISE)
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417. To ask the Minister for Education and Skills further to Parliamentary Question No. 683 of 18 January 2023, if she will confirm that if a person had not instituted legal proceedings before 1 July 2017, the “new” redress provisions will apply to them; and if not, the reason therefore; and if she will make a statement on the matter. [4048/23]

Norma Foley (Kerry, Fianna Fail)
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As outlined in my response of 18 January, 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 and were therefore left without a remedy, with an opportunity to apply for an ex gratia payment. The revised ex gratia scheme is also designed first and foremost to provide a remedy to that cohort. 

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 in respect of day school sexual abuse, whether these proceedings 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 through which an applicant can demonstrate that they fall within the terms of the ECtHR judgment.  An applicant whose application under the Scheme is refused by the Scheme Administrator can appeal that decision to an independent Appeals Officer.