O’Keeffe ECHR judgment
Deputies seek a Government apology and legislative response after the European Court of Human Rights found the State liable in Louise O’Keeffe’s abuse case. The Taoiseach acknowledges the historic failures, damages award and need for detailed consideration.
As the Taoiseach is aware, the European Court of Human Rights, ECHR, this morning announced its decision in favour of Ms Louise O'Keeffe, who believed that the State was liable for sexual abuse that she suffered while a pupil of Dunderrow primary school in 1973. We are all aware that these matters were considered by the High Court and Supreme Court, which dismissed her claim that the State was liable. Today's ruling will have significant implications for other victims of abuse in Irish schools. Apparently, there are approximately 135 cases pending. Will the Government apologise to Ms O'Keeffe for her dreadful experiences? Does the Taoiseach intend to introduce legislation to address the issues that arise out of the O'Keeffe finding?
During this weekend, we read of the intention of Mr. Justice Peter Kelly of the Commercial Court to retire mid-year before the pension changes are introduced. It has been widely reported that we may expect a greater exodus from the Bench in the near future. Has the Government planned for this mass exodus of expertise from the High Court-----
Comment on this
-----or will there be further delays for people and businesses who were due to have their cases considered? Will legislation be required to address the issues arising from these matters?
Comment on this
Tá ceist agam maidir le reachtaíocht atá forógartha, the criminal law (sexual offences) Bill. I wish to raise the case of Ms O'Keeffe, in respect of whom judgment was passed finding that the State was liable for the sexual abuse that she suffered. This has significant implications for the State. The Government is on record as intending to enact legislation to strengthen the rights of victims and their families, to ensure that victims and their needs are at the heart of the justice process and that rights to information, advice and other appropriate assistance are met effectively and efficiently. In the case of Ms O'Keeffe, the Government, or at least the State, opposed every single approach she took-----
Comment on this
That was under the previous Government, not the Taoiseach's. When will the criminal law (sexual offences) Bill be introduced? Will it deal with issues such as this one? Will the State apologise to Ms O'Keeffe for what she had to go through?
Comment on this
Louise O'Keeffe should never have been subjected to this abuse. This was another example of the horrific regime and sort of environment that children and young people lived in. Her case today clearly indicates the scale of that historical abuse and the failures and inaction to protect children. The ECHR found this morning in Louise O'Keeffe's favour under Articles 3 and 13 of the convention on human rights and she was awarded damages, along with costs. This judgment runs to 82 pages and will clearly require detailed consideration by the Government.
I might say for Members that, clearly, the protection of children is absolutely a priority for the Government. That is why a dedicated Department of Children and Youth Affairs was set up. That is why a referendum was held on children's rights. That is why changing the way the State supports child and family services is not an option - only a major transformation of child protection will do.
For the information of Deputies, all schools are required to adhere to the child protection procedures, which give direction and guidance to school authorities and school personnel in the implementation of Children First when dealing with allegations or suspicions of child abuse. All primary schools fully implement the Stay Safe programme, which plays a valuable role in helping children develop the skills necessary so that they can recognise and resist abuse and potentially abusive situations.
Along with the Minister, Deputy Fitzgerald, I will officially launch the Child and Family Agency this Thursday. It will be the first agency dedicated to supporting our children and families and to promoting the development, welfare and protection of our children. The Minister, Deputy Fitzgerald, published the updated Children First guidelines and led a national effort to improve awareness of the need to report child protection concerns. That led to a major increase in reports, up by a third on 2011, to 40,000 referrals in 2012. She has published the heads of the Children First legislation. The revised Bill will be published in March. The legislation will place obligations on professionals and organisations to report suspected child protection concerns, to share information and to engage in interagency and multidisciplinary work.
Finally, the Minister for Justice and Equality has also commenced the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012. It is now the responsibility of every member of society to protect and to defend the vulnerable from this most serious of crimes. No longer will it be acceptable that ignorance or secrecy on the part of those with knowledge of criminal offences can protect those who perpetrate such crimes.
In answer to Deputy Adams's specific question on the criminal law (sexual offences) Bill, the heads of that were cleared last October and it is proceeding through the process. It will be later this year before it is published and enacted.