10 May, 2018 - Statement from the Department of Education and Skills on submission forwarded to Mr Justice O’Neill

As part of the implementation of the Judgement of the European Court of Human Rights in the Louise O’Keeffe case, in November 2017,  the Minister appointed Mr Justice Iarfhlaith O’Neill to act as an independent assessor in respect of cases where an individual has had an application for the ex-gratia scheme, established following the Judgement, declined by the State Claims Agency and applies for an assessment of the Agency’s decision. 

Mr Justice O’Neill invited the Minister for Education and Skills to make a submission on: ‘whether the imposition of the condition which required that there had to be evidence of a prior complaint of child sexual abuse on the part of the employee in question to the school authority (or a school authority in which the employee has previously worked), to establish eligibility for a payment under the ex gratia scheme, is consistent with and a correct implementation of the judgment of the European Court of Human Rights in the case of Louise O’Keeffe v. Ireland’ 

The submission forwarded to Mr Justice O’Neill on 27th April has now been published on the Department’s website and can be accessed here. This submission was prepared by the Department of Education and Skills with the advice and assistance of the Attorney General and Senior Counsel.