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Irish Times

‘I'm angry that my abuse as a child does not count' – State must pay for school sexual abuse

Minister for Education Helen McEntee stated recently that those responsible for historical sexual abuse in schools must pay. She is right. But let us be very clear. This includes the State. It cannot be erased or ignored that 11 years ago, following the case taken by Louise O'Keeffe , the European Court of Human Rights (ECHR) established that the Irish State had – and continues to have – a positive duty to take steps to protect children from abuse and to provide an effective remedy for those who have suffered sexual abuse in Irish schools. The ECHR ruled the State had been aware of the level of sexual crime by adults against minors in Ireland. The court made it clear the State bears a stand-alone responsibility to every child abused in State schools for its failure, until the early 1990s, to implement national child protection measures. It cannot outsource that responsibility to religious organisations, nor hide behind procedural defences. The Government is well aware of this judgment and is legally bound to comply with it. As recently as January 2024, a plan was submitted to the ECHR, updating it on State progress 'to abide by the final judgment of the European Court of Human Rights ...' which includes the State paying redress of €84,000 to survivors of sexual abuse in schools. READ MORE Strangely, and extremely worryingly, the interdepartmental group who recently published their report on the recommendations of the scoping inquiry, seem to be completely unaware of the European Court decision, or have chosen to act as if Ireland is not party to the European Convention on Human Rights. Their report includes the assertion: 'It has been concluded in case law, at Supreme Court level, that the State does not have such liability.' What the report fails to say is that the European Court of Human Rights directly rejected this view in the O'Keeffe judgment. Survivors have already waited far too long and suffered too much. They cannot now be told that the justice they are owed can only be delivered if and when the State manages somehow to make the churches open their coffers Notwithstanding the fact that the State has failed miserably so far to adequately implement the ruling, it seems extraordinary that senior Government officials should now ignore its very existence. This contradiction raises a more fundamental question about the position of the Government and State with regard to its ECHR obligations. In Europe, the Government has accepted the ECHR ruling and engaged with the court regarding its progress in implementing its terms, albeit it has thrown so many obstacles in front of survivors that to date, only 158 have received redress. At home, the Government is denying its existence, and further delaying justice for the many, increasingly ageing, survivors of abuse. Is it possible that despite what Ireland's representatives are saying in Strasbourg, some elements of the State infrastructure still do not accept the rulings of the European Court? [ Why are the experiences of people, like me, who were resident in Temple Hill forgotten? Opens in new window ] So, what is it exactly that the State is saying to victims of sexual abuse in schools? Can the Government confirm that it accepts the ruling of the European Court which found that the State does bear a responsibility for abuse that occurred in schools? Can it confirm that it will now, finally, deliver redress and fulfil its own obligations to those victims who have waited far too long for justice? To be clear, the legal strategies adopted by religious organisations to avoid restitution to victims are unconscionable. And there are many who – rightly – applaud the Taoiseach when he stated it is the Government's 'intention, commitment and determination' to make religious organisations pay compensation for the abuse they inflicted on children in schools. It is also important to make clear that any individual or private organisation responsible for the abuse of children should be held liable – under both criminal and civil law. But this is not an either/or situation. The Government has overarching responsibility for ensuring survivors of abuse receive appropriate redress. Of course, it should use every power it has to force the churches to make reparations from their very considerable wealth. However, this should have absolutely no impact on its own obligation to fully implement the O'Keeffe judgment immediately and deliver the redress for which it has responsibility. Survivors have already waited far too long and suffered too much. They cannot now be told that the justice they are owed can only be delivered if and when the State manages somehow to make churches open their coffers for the schools they ran on behalf of the State. Meanwhile, current State policy is to leave victims and survivors spending years trying to navigate a complex and hostile legal terrain. This is not justice. This is retraumatising victims. [ Sex abuse in schools: State accused of ignoring its liability for redress Opens in new window ] For example, last December, the Irish Human Rights and Equality Commission wrote to the Minister for Education as part of our ongoing work in pursuit of redress for some of Louise O'Keeffe's classmates at Dunderrow National School (not a religious school) who had been similarly abused. To date, there has been no response from the Government. The 'Dunderrow women' have been known to the State for decades because, like Louise O'Keeffe, many of them provided statements to An Garda Síochána – the very statements that led to prosecution and conviction of their abuser. On hearing of the latest investigation and further delays of redress, one of the Dunderrow women said: 'I feel outraged that the Irish Government haven't put the redress scheme in place for all survivors of sexual abuse. I'm extremely angry that my abuse is not of concern to the Minister, that my abuse as a young girl, a child, does not count. I feel left out and worthless.' McEntee has said those responsible must pay. That means the State. A redress scheme must be established immediately, without the arbitrary and discriminatory conditions in the previous schemes, regardless of any new commission of investigation's outcome. The State must finally comply with the O'Keeffe judgment in full, and it must do so now. Survivors have waited long enough. Justice, truth and dignity, demand no less. Liam Herrick is chief commissioner of the Irish Human Rights and Equality Commission