Just very quickly Ceann Comhairle, I'd like to start today by acknowledging the hurt and
absolute devestation being experienced by the Kriegel and Valdez families over the last
number of days.
Our thoughts and prayers are with them.
Both Ana Kriegel and Justine Valdez were taken violently and brutally and their families
and communities have been left broken hearted.
We pay tribute to the gardai and first responders for all their doing.
Taoiseach, in 2014 Louise O'Keefe won a major breakthrough case in the European Court of
Human Rights in relation to the states culpability in relation to child sex abuse in our primary
schools.
And the govt's response to that judgement has been a significant failure and I would
argue represents the very worst of an adversarial approach to victims of child sex abuse in
our schools.
These were abused by teachers who have subsequently been convicted.
It is a scandal in itself the response to the European Court's decision and it needs
to stop Taoiseach.
I ask you the question why is the govt fighting survivors of sex abuse tooth and nail?
The redress scheme and the conditions attached to it represent a deliberate and quite shocking
interpretation of the o'keefe judgement.
By imposing a condition of prior complaint on the availability of redress, the govt has
shifted the onus from itself to take proactive and preventative measures to vulnerable children
who are victims of sexual abuse.
In other words to make disclosures leading to complaints.
We know that multiple international research studies show that the vast majority of children
who are the victims of sexual abuse do not disclose that abuse.
Those that do wait a significant period of time before doing so.
Therefore prior complaints are incredibly unlikely to exist and indeed even though there
are 360 known victims of sexual abuse in national schools, a prior complaint has only been established
in respect of a single abuser to date.
As Conor O'Mahoney at the child law clinic in university college cork said..."the condition
of prior complaint is not designed to limit the scope of liability, it is designed to
eliminate it".
Just 7 offers taoiseach of settlement have been made under the scheme all of which relate
to prior complaints in respect of one single abuser.
Even thought at least 360 cases arise for consideration.
A settlement rate of just 2% is not indicative of a humane flexible or holistic approach.
Are you really suggesting taoiseach, that the victims here will have to go back to the
european court of human rights to get justice?
Or a second application will have to be made to
the court?
The govt is putting the victims through huge trauma right now by the approach it has adopted.
And I would ask you taoiseach to change direction and stop the approach you are taking and go
back and give justice to those who are victims of such terrible abuse.
In the most sensible manner ? you are dealing with this in the most insensitive manner possible
Taoiseach.
The prior complaint is a device to circumvent your responsibilities.
There is only one case in relation to an abuser.
Most children in primary school don't disclose until years later that they've been abused.
Are we seriously suggesting that prior complaint is legitimate?
That a child who's been abused where the paedophile has been convicted and is in jail as a result
of his conviction.
Where there is absolutely no doubt that the most appalling abuse was visited upon a person.
We have now forced that person through high courts, supreme courts, european court and
this govt is still saying you are entitled to no redress.
You are entitled to nothing.
Because of a legal device that has been implemented to eliminate liability and not admit it.
It is a shocking scandal in itself taoiseach.
The last weeks taoiseach we've been talking about trying to end this adversarial approach.
We have not come across anything as bad as this.
And the trauma, believe me taoiseach, of the victims is intense.
That's the only reason I'm bringing it up again here.
You've got to change direction on this.
It is inhumane what you are doing to the victims trying to seek legitimate redress as a result
of being abused in primary schools.
The european court has ruled it's time to take up our responsibilities as a state and
you as a govt do the right thing by them.