Minister for Education Jan O’Sullivan has said that the Government’s response to the European Court of Human Rights (ECHR) judgment in the Louise O’Keeffe child sex abuse case is fair, despite strong criticism of the response by Ms O’Keeffe.
Ms O’Sullivan said that the Government had examined the ECHR ruling in Ms O’Keeffe’s case closely and was satisfied that its response was appropriate and fair. Ms O’Sullivan did not comment on an assertion by Ms O’Keeffe that the Government is creating two categories of victims.
“What I would say is that the State is responding to the judgment and the situation in which Louise’s particular case was decided by the court,” said Ms O’Sullivan.
The Minister said that the offer to other abuse victims related to the State’s share of liability for their abuse in primary schools.
“We believe it to be fair and it will be offered to those people who are in the situation covered by the O’Keeffe judgment and they, in conjunction with their legal advisors, will make a decision as to whether they want to accept this settlement or proceed with the case,” Ms O’Sullivan said.
Last December, Taoiseach Enda Kenny, Ms O’Sullivan and Minister for Children James Reilly met Ms O’Keeffe, the result of which was that the State, on foot of the ECHR judgment, was only going to offer compensation to victims abused after a complaint was made.
Ms O’Keeffe has criticised the State’s interpretation of the ECHR judgment, saying it effectively creates two categories of abuse victim - those abused by a teacher, about whom a complaint was made, and those abused by a teacher about whom no complaint was made.
She also said that it effectively requires abuse to have happened, a complaint made about it and not acted upon by the State - in order for other abuse victims to qualify for compensation.
Ms O’Keeffe said the entire Government interpretation of the ECHR judgment in her case effectively placed the onus on the child to report the abuse to a parent or guardian, when that child might be a terrified six- year-old.
Action plan
Speaking to The Irish Times earlier this month after the Government filed its updated action plan in response to the ECHR judgment, Ms O’Keeffe accused the Government of failing to fully inform the Council of Europe of how it was proposing to deal with similar cases.
She compared the Government’s approach in responding to the ECHR judgment to that of the Cumann na nGaedheal government in 1931, which opted not to publish the Carrigan report because it didn’t want to highlight the extent of child sexual abuse in the country.
“Essentially, what the State is saying in its response to the ECHR judgment is they will make a settlement offer to the pupil who was abused after a complaint was made but not acted upon,” Ms O’Keeffe said.
“But they won’t make any settlement offer to the pupil who was abused before any complaint was made. It’s discriminatory but they are not saying that to Europe, they’re effectively hiding that from Europe.”
