Review of compensation scheme for victims of abuse delayed again

Louise O'Keeffe: The ex gratia scheme for victims was set up in 2014 after the European Court of Human Rights (ECHR) ruled that the State failed to protect Ms O’Keeffe, who was abused at her primary school in the 1970s. Picture: Dan Linehan 

An official review into a compensation scheme for victims of sexual abuse in schools, the failure of which previously prompted a State apology, has been delayed until at least December.

The Government has sought a further delay to updating Europe on its progress in reviewing an ex gratia [without obligation] scheme set up in the wake of a landmark ruling, made more than six years ago in relation to Cork woman Louise O'Keeffe.

Ireland is required to regularly update the Council of Europe on its progress putting into effect this judgment, which has implications for survivors of sexual abuse in schools prior to 1992.

This is the fourth delay sought by the State since it was found to be imposing “illogical” conditions on victims of abuse seeking redress, prompting a State apology in July 2019 from then taoiseach Leo Varadkar.

The scheme has been frozen and closed to applications while it remains under review.

The further delay has been condemned by Conor O’Mahony of the Child Law Clinic at University College Cork (UCC).

“The Government has now spent over one year conducting a review that should have taken no more than a couple of months,” he told the Irish Examiner. 

I call on the minister for education to conclude the review and re-open the scheme without further delay, so that full details can be provided to the Council of Europe in the next progress report.

Irish officials wrote to the Council of Europe, seeking an extension on its next update until December 8 blaming the formation of the new Government and Covid-19.

The ex gratia scheme for victims was set up in 2014 after the European Court of Human Rights (ECHR) ruled that the State failed to protect Ms O’Keeffe, who was abused at her primary school in the 1970s.

However, last year, an independent ruling found the State misinterpreted the ruling by the ECHR, and that eligibility for redress was too restrictive. Victims were required to provide evidence that a complaint was made against their abuser, prior to their own abuse. This ‘prior complaint’ stipulation applied even if their abuser has been convicted.

In July, Ms O’Keeffe wrote to Taoiseach Micheál Martin, Tánaiste Leo Varadkar and Education Minister Norma Foley, calling on them to honour the commitments made to survivors of abuse.

The Department of Education said the review of the ex gratia scheme requires careful deliberation that is still in process, due to the "complexity and sensitivity" of the issues involved.

The Council of Europe have confirmed that they have granted the extension until December, a spokesman added.

Sixteen offers of payment have been made on foot of the independent review, and 15 offers have been accepted, he added.