The Irish Human Rights and Equality Commission (the ‘Commission’) has recently written to the Minister for Education on behalf of a number of women who complained of child abuse by former teacher Leo Hickey. This abuse took place while they were pupils at Dunderrow National School, Co. Cork in the 1960s and 1970s. In 1998, Leo Hickey was charged with 386 counts of sexual abuse involving 21 pupils of Dunderrow National School. He pleaded guilty to 21 sample charges and was sentenced to three years in jail. The Commission is now seeking redress for the these women, many of whom gave statements to the Gardaí, in respect of the sexual abuse they suffered while at the Co Cork school. Like these women, Louise O’Keeffe also attended Dunderrow National School. Ms O’Keeffe made legal history in 2014 when she successfully took a case against Ireland, before the European Court of Human Rights (the ‘ECtHR’) in Strasbourg. She took the case against the State for failing to protect her from child abuse while attending national school, and for failing to provide her with an effective remedy when she sought redress from the State. Over 10 years later, the Commission continues to call on the State to comply with the Strasbourg Court’s judgment and to provide redress to survivors of sexual abuse. Redress - 10 Years On from the O’Keeffe judgment The Irish Government has chosen to implement the ECtHR’s judgment, in respect of the provision of an effective remedy for survivors, through the establishment of ex gratia, or non-statutory schemes for redress payments, administered by the State Claims Agency. To date, two ex gratia redress schemes have been established, and both are now closed. However both schemes were fundamentally flawed. They made arbitrary and irrational distinctions between survivors of child sexual abuse in schools. They also included conditions for access to redress that did not reflect the ECtHR’s judgment. The result is that an effective remedy has so far been denied to many abuse survivors, who are legally entitled to redress from the State. As of 30 January 2024, only 128 survivors had received redress payments under both ex gratia schemes.[1] However, it would appear, from information submitted by the Irish Government to the Council of Europe and from cases that have come before the High Court in 2024, that compensation of €84,000 (equivalent to the redress payments under the ex gratia schemes) has also been paid to at least 40 other survivors by the State. This has arisen when these individuals took High Court actions against the Minister for Education, on the basis that they were excluded from the ex gratia schemes, even though they came within the terms of ECtHR judgment in O’Keeffe v. Ireland. The State has chosen to settle with these litigants, rather than allow their cases go to hearing and have judgments delivered by the High Court. It is clear that redress or a payment of equivalent compensation, in effect a ‘parallel’ or ‘shadow’ redress scheme, is in now operation by the State, for those who have the personal and financial resources to commence legal proceedings challenging the Minister for Education’s refusal to provide redress. The Commission is of the view that the survivors of historical sexual abuse in schools, including survivors from Dunderrow National School, are entitled to redress in accordance with the judgment of the ECtHR in O’Keeffe v Ireland and on the same basis as provided to Louise O’Keeffe. No further litigation should be necessary. The Commission has also submitted applications for redress to the Minister for Education on behalf of other survivors of sexual abuse in national and post primary schools before 1991/1992. Liam Herrick, Chief Commissioner said “When Louise O’Keeffe won her case 10 years ago, the State had an opportunity, indeed a legal obligation, to right a grave wrong in accepting responsibility for its failure protect children from the sexual abuse that they suffered, and to provide them with an effective remedy for that failure. The current ‘parallel’ or ‘shadow’ system for accessing redress forces victims of historical child sexual abuse in Irish schools, including those who suffered that abuse in the school attended by Louise O’Keeffe, into unnecessary litigation. This risks further re-traumatising them, simply to obtain the redress to which they are entitled. We call on the Minister to ensure these women receive the redress that they are entitled to, without further delay”. ENDS/ For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 8592641 / 087 4687760 sarah.clarkin@ihrec.ie Follow us on twitter @_IHREC Irish Human Rights and Equality Commission The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State. The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures. [1] Information submitted by the Government of Ireland 30 January 2024, para 68.