Latest news with #redress
Irish Times
4 days ago
- Politics
- Irish Times
Sex abuse in schools: State accused of ignoring its liability for redress
The Government has been accused of refusing to acknowledge the O'Keeffe judgment, by claiming the State does not bear liability for historical child sex abuse in schools . The Irish Human Rights and Equality Commission (IHREC) and Louise O'Keeffe have both questioned Government guidance which appears to suggest it may not be the responsibility of the State to pay for redress. Ms O'Keeffe successfully took the State to the European Court of Human Rights (ECHR) in 2014 for failing to protect her from sexual abuse in Dunderrow national school in Cork in the 1970s. The ECHR found that the State had an obligation to protect her from the abuse she had suffered from her then school principal Leo Hickey. Ms O'Keeffe was awarded redress, and since then has been campaigning for the same redress to be made available to other abuse survivors. READ MORE The Government has agreed to set up a commission of investigation into the handling of sexual abuse in schools, but officials are still considering the issues around the setting up of a redress scheme for survivors of such abuse. It is understood there are concerns within the Government about the demand for and costs of such a scheme, which would be likely to be the largest in the history of the State. [ Q&A: Will survivors of historical abuse in schools be compensated? And who will be liable? Opens in new window ] An interdepartmental report prepared by officials from the departments of the Taoiseach, education, justice, children and public expenditure and reform warned that setting up such a redress scheme was 'as complex' as setting up a commission of investigation. It said that guidance from the Department of Public Expenditure and Reform had warned against 'rushed approaches to redress, including the assumption of risk by the State when liability should more appropriately be borne by third parties'. The report also considered the question of who bears liability for the actions of school employees. 'It has been concluded in case law, at Supreme Court level, that the State does not have such liability,' it said. Liam Herrick, chair of IHREC, said that as recently as January 2024 the State had told the ECHR it was working to meet its legal obligation 'to abide by the final judgment of the European Court of Human Rights'. 'The report of the IDG indicates that Government departments adopt a different position in refusing to acknowledge the primacy of the O'Keeffe judgment,' Mr Herrick said. 'So, it must be asked, what is the State really saying to the victims and survivors who have been waiting so many years for the redress they are legally entitled to? Can the Government confirm that it does accept the ruling of the European court which found that the State does bear responsibility for abuse that occurred in schools?' Ms O'Keeffe told The Irish Times the Government was 'basically trying to avoid looking at the ECHR judgment'. 'They are particularly dwelling on the religious organisations as being responsible for paying redress, and seem to be avoiding their own responsibility,' she said. Prof Conor O'Mahony, director of the child law clinic at UCC, said the claim that the State does not bear liability in such cases was 'staggering'. He said the O'Keeffe judgment applied to 'every case of abuse that occurred in any Irish school prior to the adoption of State guidelines on the reporting of abuse in schools in 1992' . A spokesman for the Department of Education said 'domestic courts have ruled that the State is not vicariously liable for the acts of a teacher appointed by the manager of a national school'. 'The 2014 ECHR judgement in O'Keeffe v Ireland indicated that the State bore partial responsibility where a complaint had been made against an alleged abuser and no system was in place to act upon that complaint. Since that ruling, extensive measures have been put in place to improve child protection in schools, including detection and reporting mechanisms as well as vetting and greater overall awareness,' the spokesman said.
Irish Times
14-07-2025
- Politics
- Irish Times
Religious organisations cannot ‘play the poor mouth' to avoid redress
Religious organisations with significant resources cannot 'play the poor mouth' to dodge paying for redress, Tánaiste Simon Harris has said. Mr Harris said organisations that want to 'show their Christianity' must step up to the plate and bankroll what is likely to be the largest and most expensive redress scheme in the history of the State. There are serious concerns within the Government about the costs of and demand for a redress scheme for survivors of sexual abuse in schools. Asked if the State could afford such a scheme, Mr Harris said the Government will return to the issue of redress 'at a future point'. But, he said, 'should we arrive at a point of a redress scheme', the people who should be paying for it 'are the people who allowed the abuse to be carried out'. READ MORE 'The religious institutions that stood idly by as children were sexually abused in schools, including special schools, utterly despicable acts that happened over a sustained period of time with the knowledge of many,' he said. Mr Harris said he was 'with the survivors,' who 'rightly want to see the perpetrators pay'. 'I'll endeavour to be diplomatic, but I think it's highly questionable some of these organisations who play the poor mouth when many of these are very, very well resourced organisations. Very well resourced,' Mr Harris. The Tánaiste declined to say if he felt such religious organisations should have to contribute even if it made them insolvent, saying: 'I don't want to get into that language.' 'But I think they have to make a very significant, a very, very significant contribution. In fact, to be honest, I think the word 'contribution' is wrong. The buck stops with them,' he said. 'I think if people accept accountability, if people want to show their Christianity, I think they have to really step up to the plate here.' Analysis by officials from the departments of Education, Justice, Children, an Taoiseach and Public Expenditure and Reform found that a redress scheme for survivors of sexual abuse in schools would be at a 'far greater scale' than any other scheme in the history of the State, and could have 'far-reaching implications.' Setting up such a redress scheme was a recommendation of a Scoping Inquiry into historic abuse in schools. The same inquiry also recommended setting up a Commission of Investigation. While the Government last week agreed to set up such a commission , it has not yet committed to a redress scheme. It is understood that more information about how many people would be likely to apply for such a scheme and how much it would ultimately cost is needed. The Government is also understood to be examining international examples of redress schemes where liable third parties were responsible for payments. This includes a scheme in Australia which succeeded in getting religious organisations to pay for redress by threatening to withdraw charitable status or state funding.
Irish Times
14-07-2025
- Politics
- Irish Times
Religious orders cannot ‘play the poor mouth' to avoid redress
Religious organisations with significant resources cannot 'play the poor mouth' to dodge paying for redress, Tánaiste Simon Harris has said. Mr Harris said organisations that want to 'show their Christianity' must step up to the plate and bankroll what is likely to be the largest and most expensive redress scheme in the history of the State. There are serious concerns within the Government about the costs of and demand for a redress scheme for survivors of sexual abuse in schools. Asked if the State could afford such a scheme, Mr Harris said the Government will return to the issue of redress 'at a future point'. But, he said, 'should we arrive at a point of a redress scheme', the people who should be paying for it 'are the people who allowed the abuse to be carried out'. READ MORE 'The religious institutions that stood idly by as children were sexually abused in schools, including special schools, utterly despicable acts that happened over a sustained period of time with the knowledge of many,' he said. Mr Harris said he was 'with the survivors,' who 'rightly want to see the perpetrators pay'. 'I'll endeavour to be diplomatic, but I think it's highly questionable some of these organisations who play the poor mouth when many of these are very, very well resourced organisations. Very well resourced,' Mr Harris. The Tánaiste declined to say if he felt such religious organisations should have to contribute even if it made them insolvent, saying: 'I don't want to get into that language.' 'But I think they have to make a very significant, a very, very significant contribution. In fact, to be honest, I think the word 'contribution' is wrong. The buck stops with them,' he said. 'I think if people accept accountability, if people want to show their Christianity, I think they have to really step up to the plate here.' Analysis by officials from the departments of Education, Justice, Children, an Taoiseach and Public Expenditure and Reform found that a redress scheme for survivors of sexual abuse in schools would be at a 'far greater scale' than any other scheme in the history of the State, and could have 'far-reaching implications.' Setting up such a redress scheme was a recommendation of a Scoping Inquiry into historic abuse in schools. The same inquiry also recommended setting up a Commission of Investigation. While the Government last week agreed to set up such a commission , it has not yet committed to a redress scheme. It is understood that more information about how many people would be likely to apply for such a scheme and how much it would ultimately cost is needed. The Government is also understood to be examining international examples of redress schemes where liable third parties were responsible for payments. This includes a scheme in Australia which succeeded in getting religious organisations to pay for redress by threatening to withdraw charitable status or state funding.
Daily Mail
10-07-2025
- Politics
- Daily Mail
What Aboriginal Australians could get under a proposed compensation plan for post-colonisation pain
A landmark truth-telling inquiry's call for redress for the post-colonisation pain and suffering of Aboriginal people has not been ruled out. The Yoorrook Justice Commission's final reports feature 100 recommendations across five volumes and an official public record of Victoria's history since colonisation in 1834. The Australian-first Indigenous truth-telling body calls on the Victorian government to provide redress for injustices. It suggested redress could take the form of restitution of traditional land, monetary compensation, tax relief or other financial benefits. Other recommendations include shifting prison healthcare from the justice department to the health department, more cash to First Peoples-led health services and establishing independent funding streams for the state's self-determination fund. Premier Jacinta Allan indicated none of the ideas were off the table, refusing to rule in or out any of the recommendations. 'We're going to take our time to consider and respond to the report,' she told reporters on Wednesday. 'I am not going to respond to the individual recommendations or the report as a whole through individual questions at a press conference. 'That would not do justice to the years and years of work and evidence.' Yoorrook held 67 days of public hearings, gathering the testimony of Stolen Generations survivors, elders, historians, experts and non-Indigenous advocates. It found there were at least 50 massacres across Victoria by the end of the 1860s, with eight colonists killed compared to 978 First Nations people. The mass killings combined with disease, sexual violence, exclusion, eradication of language, cultural erasure, environmental degradation, child removal, absorption and assimilation brought about the 'near-complete physical destruction' of Aboriginal people in Victoria. The 'decimation' of the population by 1901 was the result of 'a coordinated plan of different actions aimed at the destruction of the essential foundations of the life of national groups'. 'This was genocide,' one of the documents read. Ms Allan said the findings made for 'tough reading' because they 'tell the truth' about how the state was colonised. The recommendations will inform treaty talks between the state government and the First Peoples' Assembly of Victoria, with enabling legislation expected to be introduced later in 2025. Ms Allan said reparations were not up for discussion as part of treaty talks amid backlash over Yoorrook's findings and recommendations. 'I'm not focused on people who want to divide people,' she said. First Peoples' Assembly member Nerita Waight warned Ms Allan not to let Yoorrook's work go ignored, as politicians have done with previous major Aboriginal-related inquiries. 'The truth has been told and now the government has an obligation to act,' the Victorian Aboriginal Legal Service chief executive said. Independent Senator Lidia Thorpe called on the federal government to press on with national truth and treaty processes. 'Genocide has not just occurred in Victoria, but has been perpetrated against all First Peoples of this continent,' she said. Prime Minister Anthony Albanese promised to set up a 'Makarrata Commission to oversee a national process for treaty and truth-telling' in 2021. His government allocated $5.8million to commence work on establishing the independent commission, but it has not materialised after the failed voice to parliament referendum in 2023.
BreakingNews.ie
09-07-2025
- Politics
- BreakingNews.ie
Taoiseach vows to pursue legal options to force religious orders on compensation
The Taoiseach has vowed to pursue a 'detailed examination' of how the state will make religious orders and institutions contribute towards compensating victims of historical sex abuse. Micheál Martin said the Office of the Attorney General, the Department of Education and other state bodies are exploring legal options that could force religious orders to pay for any redress. Advertisement On Tuesday, the Government approved the establishment of a commission of investigation into allegations of historical sex abuse in schools across the country. Mr Justice Michael McGrath will chair the commission. Time to ensure justice for survivors of school abuse ❝It is not enough to acknowledge wrongdoing. We need to see concrete action for survivors.❞ @IvanaBacik TD 🔗 — The Labour Party Ireland (@labour) July 9, 2025 Mr Martin said changes could be made to the statute of limitations on civil claims, as well as changes to the status of unincorporated associations. Labour leader Ivana Bacik told the Dáil on Wednesday that as of September 2024, religious orders have paid 16 per cent of institutional redress costs that were owed. Advertisement She also said that religious orders involved in historic sex abuse sold more than 75 properties worth a total of more than €90 million since 2016. Successive governments have been unable to hold religious orders responsible for paying redress to victims of sex abuse over the years. The Fianna Fáil leader told the Dáil that it was clear from the scoping inquiry that many survivors view financial redress as an 'important measure' of accountability for those who ran schools where sexual abuse happened. 'Government is pursuing now in a very detailed way, very detailed examination is taking place in terms of ensuring that those responsible, including religious orders, are held accountable and to ensure that they make redress,' he added. Advertisement 'The Office of the Attorney General is examining this with the Department of Education and other relevant bodies on legal options that may be available to the state. 'We are looking and examining changes to the statute of limitations on civil claims and changes to the status of unincorporated associations as well as looking at the assets that religious orders have, and an examination of how to ensure compensation from religious orders will run in parallel with the commission of investigation. 'It is complex work. It will require detailed consideration and may take some time to complete, and we will be open to engaging with you and constructive proposals that you have on this.' Ms Bacik welcomed the commission, but said it must avoid the mistakes of the past. Advertisement 'I welcome the fact that you've spoken of an inclusive and survivor-led approach that's vitally important,' she added. 'But we do also need to ensure that religious orders that were complicit in the sexual abuse of children should be required to provide appropriate redress to survivors. 'We must also ensure access on a timely basis to redress for survivors. 'We're conscious the commission is going to run for at least five years, and we don't believe survivors should be forced to wait a further five years for the outcome of the process. Advertisement 'Survivors need assurance that organisations, religious bodies, religious orders in the church that were accountable and responsible for abuse that they should be made to pay. 'Church and state, but also religious order,s played a shameful role, as we know, and in particular, within religious orders, clerics were allowed, in some cases, to perpetrate appalling crimes against children with impunity. 'We need to go further than condemnation. We need to remove legal obstacles to pursuing religious orders. 'Religious orders, as we know, Taoiseach, for years, they've been carrying out a perfectly legal practice of transferring their assets and their properties to associated lay-run trusts. 'I've described this as the developer's wife syndrome, that puts assets often out of reach in or in some cases, out of reach of state authorities. 'It's not acceptable.' The scoping inquiry found some 2,395 allegations of sexual abuse in day and boarding schools run by religious orders, involving 884 alleged abusers in 308 schools across the country, between 1927 and 2013. Most of the allegations were reported from the records of some 42 religious orders. The commission will examine the handling of allegations, suspicions and concerns of sex abuse in schools, failure to treat concerns, causes and responsibility for such failure, failure to prevent harm, and the concealment of child sex abuse.
