Written answer
Legislative Measures
474. Deputy Holly Cairns asked the Minister for Education and Youth the steps taken to implement the rulings under cases (details supplied); to outline any legislative steps which still need to be undertaken; and to provide a timeline for the full implementation of the changes necessary under each ruling [21559/26]
Comment on this
I can advise the Deputy that a range of measures have been put in place to implement the European Court of Human Rights (ECtHR) judgement in O’Keeffe v Ireland.
These measures include significant reforms of the legislative and administrative framework relating to child protection in schools which include the commencement of the Children First Act 2015; implementation of the Vetting Acts 2012 -2016 and revised Child Protection Procedures for Primary and Post-Primary Schools. My Department has also put in place a range of training and oversight measures to provide for additional awareness and compliance with the Children First Act and Child Protection Procedures when dealing with allegations/suspicion of child abuse and neglect.
In addition, my Department has implemented an ex gratia scheme to provide compensation to individuals falling within the scope of the O’Keeffe judgement. The scheme, which was devised to ensure implementation of the ECtHR judgement, provided those who had instituted legal proceedings against the State in respect of day school sexual abuse, and subsequently discontinued those proceedings following rulings in the domestic courts, with an opportunity to apply for an ex gratia payment of €84,000. The scheme was established in 2015 and paused in 2019 following a report from the Independent Assessor Mr. Justice Iarflaith O'Neill. A revised ex gratia scheme, which broadened the scope of the Scheme and the type and nature of evidence that could be considered by the State Claims Agency in respect of individual applications, operated from 21 July 2021 to 20 July 2023. A total of 193 applications to the scheme were received. Of these, 128 applications were approved while 65 were unsuccessful. Over €11m has been spent on the scheme, of which €10.75m has issued to the applicants as ex gratia payments, with the remainder providing for legal costs and the appeals process.
My Department provides regular updates to the Council of Europe regarding Ireland's implementation of the ECtHR judgement. The latest Action Plan in relation to the implementation of the judgement is available on my Department's website: assets.gov.ie/static/documents/OKeeffe_v_Ireland_Action_Plan_30_July_2025.pdf.
Finally, with regard to the Hickey v. McGowan case referred to in the Deputy's question, I understand that the issue of the liability of unincorporated associations is currently being examined by the Law Reform Commission.