Written answers

Tuesday, 11 June 2024

Department of Education and Skills

Child Abuse

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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306.To ask the Minister for Education and Skills when she will implement the judgement of the European Court of Human Rights no. 35810/09, ECHR 2014-I under Article 46(2) of the European Convention on Human Rights in O’Keeffe v Ireland; and if she will make a statement on the matter. [25076/24]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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A range of measures have been put in place to implement the European Court of Human Rights (ECtHR) judgement in O’Keeffe v Ireland.

These include the commencement of the Children First Act 2015 which provides for mandatory reporting by key professionals; Implementation of the Vetting Acts 2012 -2016 which set out statutory vetting requirements for persons working with children and vulnerable adults, including those working in schools; revised Child Protection Procedures for Primary and Post-Primary Schools 2017, which significantly strengthen the oversight role of the Department’s Inspectorate and the Department more generally in relation to schools’ compliance with child protection procedures.

My Department has also put in place a range of training and oversight measures to provide for additional awareness and compliance with the Children First Act and Child Protection Procedures when dealing with allegations/suspicion of child abuse and neglect.

In addition, my Department has implemented an ex gratia scheme to provide compensation to individuals falling within the scope of the O’Keeffe judgement. The scheme, which was devised to ensure implementation of the ECtHR judgement, provided 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 of €84,000.

The scheme was established in 2015 and paused in 2019 following a report from the Independent Assessor Mr. Justice Iarflaith O'Neill. A revised ex gratia scheme, which broadened the scope of the Scheme and the type and nature of evidence that could be considered by the State Claims Agency in respect of individual applications, operated from 21 July 2021 to 20 July 2023. A total of 193 applications were received. Of these, 128 applications were approved and 65 refused. Over €11m has been spent on the scheme, of which €10.75m has issued to the applicants as ex gratia payments, with the remainder providing for legal costs and the appeals process.

Finally, I wish to advise the Deputy that my Department provides regular updates to the Council of Europe regarding Ireland's implementation of the ECtHR judgement. The latest Action Plan in relation to the implementation of the judgement is available on my Department's website @ .

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