State will pay out €31m to survivors of national school abuse

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

The State expects to pay out €31m as part of its redress obligations to survivors of sexual abuse in national schools. 

The State’s response to redress for victims of abuse in schools prior to 1992 has come under heavy criticism for being too restrictive.

The ex gratia scheme was set up in 2014 after the European Court of Human Rights ruled that the State failed to protect Cork woman Louise O’Keeffe, who was abused at her primary school in the 1970s. 

A revised ex gratia scheme was launched this summer that removed some of the most criticised aspects of entry criteria. 

The Department of Education now believes the majority of payments will be made during 2022, with €21m allocated as part of Budget 2022. 

The remainder is expected to be paid out in the following two years. 

Education Minister Norma Foley said her department wishes to expedite payments to victims as quickly as possible.

Ms Foley added that she "absolutely understands and appreciates" that no amount of money will take away from the trauma experienced by victims. 

"But I do hope that the determination that we have to address this, in the best possible means we can, can be seen in this position." 

While the funding allocation is welcome, concerns remain that the terms of the scheme are still restrictive, according to Conor O’Mahony, director of the Child Law Clinic, at University College Cork.

“This will exclude some deserving applicants and short-change others.” 

The scheme requires victims to have litigated against the State before July 2021, which will freeze out some abuse survivors whose legal advice was to wait and see the terms of the revised scheme. 

"Survivors who did sue the State and qualify for an award will not have their legal costs, which may run into tens of thousands of euros, reimbursed by the scheme. 

"This would place a significant dent in the award of €84,000," he added.