State’s failure to protect pupil from abuse

Sir, – As someone with a modicum of legal knowledge, I am amazed at the Department of Education’s assertion that it had no responsibility whatever in the Louise O’Keeffe (and similar) cases. I’m even more amazed that our senior courts upheld that assertion (now overturned by the ECoHR). Responsibility cannot be devolved in such cases. Duties and tasks yes, but ultimate responsibility, no. Not entirely at least. On the other hand it seems to me, though I haven’t read the ECoHR findings, that others must also have had co-responsibility, not least the perpetrator of the abuse; but also the parish priest as “patron”, the board of management of the school and to a lesser extent the parents.

If compensation is to be paid, then will all those listed above, but most especially the church authorities, be asked to cough up, or are they to walk free, again? Or is it to be yet another burden on the unfortunate taxpayer. After all the government has no funds out of which to pay compensation except what we, the taxpayers give them! And we are not only entirely innocent of this crime, some of us are victims too! Yours, etc,

WILLIAM F (LIAM)

O’MAHONY,

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Barrow Lane,

Graiguenamanagh,

Co Kilkenny.

Sir, – The news that Louise O’Keeffe has won her case against Ireland in the European Court of Human Rights finally rips away the last pretence of generations of Irish governments to evade responsibility for their negligence in protecting children in Irish schools. All Irish people should feel a sense of shame that it took a European court to lance this festering Irish boil.

The Irish legal system comes out of this whole affair more than slightly soiled. The courts always turned down Louise O’Keeffe’s case because they accepted the plea of the executive – even though the State paid for Irish education, it gave a free hand to the Roman Catholic Church to run the schools. It was a grubby quid pro quo – the church got control of the minds and lives of the young and did not make trouble for the State. The State paid up and everything was hunky-dory. Mistreatment? Cruelty? Sexual abuse? Not a chance. The church would not and could not countenance such a travesty. We all know what happened when that can of worms was opened in the past 20 years or so.

The amount of compensation payable now to the living victims of this abuse is almost immaterial. The State fighting to the last gasp when justice demanded a generous approach shows the real attitude of our governments. Money and political power counts – justice is just a word to be trotted out to impress people when the need arises, like an election. Otherwise it’s the always open-to-interpretation law that rules the day.

Tuesday, January 28th, 2014 was a great day for Louise O’Keeffe and the other abused children of this country. But it was a day of shame for successive Irish governments, the Irish legal system, the Roman Catholic Church and all those patriots, big and small, who heard no evil, saw no evil and, therefore, did not speak up when they should have.

If this State does not abide by the true principles of truth and justice this tragic type of events will happen again and again. When will we learn our lesson? – Yours, etc,

LIAM COOKE,

Greencastle Avenue,

Dublin 17.