LOUISE O'KEEFFE, who lost her case against the State for her abuse by a national school teacher in 1973, has accused the State of putting boards between itself and pupils in order to avoid responsibility or accountability.
Ms O'Keeffe said she saw this structure "as an attempt by the department to put a quango by way of a board of management between it and the pupil, as a way of evading its responsibility."
This meant there was a lack of accountability when things went wrong.
"How can there be ministerial responsibility in circumstances like this? Without a Minister being accountable the risk of other children being subjected to abuse by paedophile teachers remains."
She said in hindsight she would take the case again. "I had to take the case. Something happened to me as a little girl and it was wrong, and when a wrong is done to a child responsibility should be accepted." The Irish Times has learned that State lawyers wrote to a number of victims of abuse by teachers, inviting them to "discontinue" their cases against the State in advance of yesterday's Supreme Court ruling.
The State lawyers suggested not doing so would mean "further and unnecessary costs" for the victims.
Several dozen people are suing the State for sexual abuse by teachers in national schools.
In some cases the teachers concerned have already been convicted on criminal charges, while in others they have not.
Children who were pupils in national schools are excluded from the Residential Institutions Redress scheme.
Letters were sent by the Chief State Solicitor to solicitors acting for a number of victims of abuse by teachers following Ms O'Keeffe's High Court action, and also following the hearing of her appeal to the Supreme Court.
There was considerable publicity about her possible liability for costs at the time.
One of the letters from the Chief State Solicitor to a solicitor acting for a number of such abuse victims who are suing the Minister for Education, Ireland and the Attorney General, stated: "Please be advised we have motion and grounding affidavit drafted to dismiss your client's claim on the grounds that his claim discloses no cause of action as against the State Defendants.
"We hereby invite you to discontinue this action as against the State Defendants to avoid further and unnecessary costs for your client."
One in Four executive director Maeve Lewis criticised yesterday's ruling, saying it was "completely unacceptable that the State should wash its hands of any responsibility for the damage to children who are sexually abused at school.
"It is sending a message that their suffering is not important".
Tim O'Rourke, on behalf of children abused at six national schools by convicted paedophile Donal Dunne, said Louise O'Keeffe deserved "enormous credit". He said the Supreme Court decision "puts the spotlight on patrons and boards of management".
A former Christian Brother Donal Dunne had taught at six primary schools, including in Dublin's Marino, at Lanesborough, Mullingar, St James's St in Dublin, Walsh Island in Co Offaly and Castlecomer Co Kilkenny, from 1940 to 1985. He was convicted in relation to the abuse of pupils in 1995, 1998, and 2000.
A court action initiated by victims against him, Walsh Island school board of management, the Bishop of Kildare and Leighlin, who is the school's patron, the Department of Education, Ireland and the Attorney General, is proceeding.
A spokeswoman for the Dublin Rape Crisis Centre also commended Ms O'Keeffe's courage. What she did "will encourage others to come forward even if they get no joy as to who is responsible'', the spokeswoman said. The centre's helpline is 1800-778888, which is available 24 hours a day.