Written answers

Tuesday, 24 September 2024

Department of Education and Skills

Child Abuse

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
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152. To ask the Minister for Education and Skills when the Government plans to fully implement the judgment of the European Court of Human Rights in the case taken by a person (details supplied), who exposed widespread child sexual abuse in State-run schools. [37332/24]

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 the case referred to by the Deputy.

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.

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 @

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
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153. To ask the Minister for Education and Skills if she will confirm that the Government's restorative justice scheme for survivors of institutional and State-run school abuse will have, or consider, recourse in the courts for survivors following a successful settlement; and if she will make a statement on the matter. [37333/24]

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail)
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I wish to advise the Deputy that the Residential Institutions Redress Act 2002 established the Residential Institutions Redress Board (RIRB) to make financial awards to people who, as children, were resident in specified institutions and who had injuries consistent with abuse suffered while resident in those institutions.

The Redress Scheme remained open to applications for almost nine years, when the Residential Institutions Redress (Amendment) Act 2011 introduced a final deadline of 17 September 2011, after which the scheme was closed.

I wish to explain also that the Report of the Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools Run by Religious Orders was submitted to me on 7 June 2024. Following consultation with the Attorney General, and consideration of the contents of the detailed Report, I sought Government approval to publish the Report on 3 September 2024. The Government also accepted the primary recommendation of the Report, which was to establish a Commission of Investigation.

I have appointed a high-level inter-departmental group (IDG) to consider the terms of reference for the Commission, and to examine the further recommendations of the Report in detail. These include a recommendation that consideration be given to the establishment of a redress scheme, and that the religious orders involved should be consulted in relation to contributing to any such scheme.

As the Deputy will appreciate, this is a complex matter and the IDG will consider all aspects of this recommendation. I intend to bring further proposals to Government relating to the Commission of Investigation and the further recommendations of the Report in due course.

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