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Landmark European judgement finds Irish State liable for sexual abuse

Louise O’Keeffe, who was abused by her primary school teacher, took the Irish State to the European Court Human Rights after losing in the Irish High and Supreme Courts.

Updated 10.50pm

THE EUROPEAN COURT of Human Rights (ECtHR) has found in favour of Louise O’Keeffe in her case against the Irish state, making them liable for the sexual abuse she suffered at the hands of her primary school principal.

Both the High Court and Supreme Court in Ireland had ruled that the State was not responsible for the assaults but the ECtHR has this morning overruled their judgements.

O’Keeffe’s solicitors said in statement after the ruling that she is “delighted that the State were, at last, held accountable”. They added though that she remains concerned about the approach the State takes to sexual abuse cases:

It is a pity that it had to come to this, and it is worrying for the future that the State can continue to deny that they have a role and a responsibility for what happened, and what is continuing to happen. The longer they continue in that state of denial, the greater the likelihood is that sexual abuse will continue.

The right for O’Keeffe to bring her case before the ECtHR in Strasbourg, France was challenged by the State which argued that she had not exhausted all legal remedies in the country.

This evening, O’Keeffe told RTÉ News that the State Claims agency should write and apologise to people who it contacted about their cases after the initial judgements against O’Keeffe in the High and Supreme Courts.

Judgement

The ECtHR has ordered that the State pay O’Keeffe €30,000 in damages and that they pay €85,000 for costs and expenses.

The Cork woman was indecently assaulted by Leo Hickey at Dunderrow National School in Kinsale for a number of months in 1973 when she was just nine years old.

In a civil action taken against Hickey her abuser was ordered to pay damages but subsequent cases against the State were unsuccessful.

O’Keefe’s case in the ECtHR had argued that the State failed to structure the primary education system so as to protect her. It also argued that the State failed to investigate or provide an appropriate judicial response to her ill-treatment.

In it’s judgement delivered this morning, the ECtHR said that the State “had to have been aware of the level of sexual crime against minors” as a result of a number of reports from the 1930s to the 1970s.

“Despite this awareness, the Irish State continued to entrust the management of the primary education of the vast majority of young Irish children to privately managed National Schools, without putting in place any mechanism of effective State control,” the 17 judge Grand Chamber decided.

“The Government maintained that certain mechanisms of detection and reporting had been in place. However, the Court did not consider these to be effective,” they add.

The State had defended the charges saying that rules had been published in 1965 and 1970 outlining procedures to be followed for complaints against teachers.

The court found, however, that these procedures did not provide for a procedure to prompt a child or parent to report ill-treatment directly to a State.

- First published 11.09am

Read: European Court of Human Rights to rule on Irish child sex abuse case >

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63 Comments
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    Mute Dee4
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    Jan 28th 2014, 11:15 AM

    how did he get such a light sentence 3 years? , dozens of kid’s lives damaged in incalculable ways. I dont normally say this but I hope he has a miserable and short old age, something vomit inducing that we are paying him a pension in some way though our taxes.

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    Mute Niamh Byrne
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    Jan 28th 2014, 11:21 AM

    Is he still entitled to his teaching pension?!!

    128
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    Mute Dee4
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    Jan 28th 2014, 11:25 AM

    you can read about it here

    http://www.alliancesupport.org/news/archives/001962.html

    “Speaking after the case, Ms O’Keeffe said she found it strange that the department can pursue her for costs while continuing to pay a pension to Mr Hickey whom they said they never employed.

    “I just cannot understand how the Department of Education could say that this man whom they paid, disciplined and supervised when he abused me, is not an employee of theirs – if he is not an employee, what is his relationship with them?” she asked.”

    248
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    Mute MonaghanRichie
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    Jan 28th 2014, 11:15 AM

    So much for Our High & Supreme Courts. Case of Courts here protecting the State & not Our Citizens. This is little more than this Lady deserves after the abuse She endured.

    228
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    Mute Jane Travers
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    Jan 28th 2014, 11:25 AM

    This is brilliant news! Our State needs to wake up and take responsibility for such cases, and do more to ensure they don’t happen in the future :)

    172
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    Mute John Murphy
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    Jan 28th 2014, 11:56 AM

    As the state is now liable for abuse carried out by religious orders in educational establishments, is it not massively negligent of the government to allow the Catholic Church remain as patrons of so many educational establishments, given their appalling history in relation to child abuse?

    144
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    Mute Jane Travers
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    Jan 28th 2014, 1:09 PM

    John, I’m assuming that’s a rhetorical question, as the answer is obviously Yes.

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    Mute Deasun Mac An Choiligh
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    Jan 28th 2014, 1:39 PM

    Ryan report 2 will out , your likes will take for the hills……….

    2
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    Mute Catherine Mill
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    Jan 28th 2014, 3:32 PM

    Yes, and children abused in state care should also receive justice-rather than using the excuse ” we/state/corporate parent do not take ourselves to court”

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    Mute Shane
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    Jan 28th 2014, 11:20 AM

    Delighted for her. Well done. Shame our crowd couldn’t just have held their hands up. I’d have a bit more respect for them.

    161
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    Mute Wendy Lyon
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    Jan 28th 2014, 11:27 AM

    It’s not an EU judgment. The European Court of Human Rights is not an EU institution.

    120
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    Mute Andrew Murphy
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    Jan 28th 2014, 11:36 AM

    Who ‘unliked’ this comment? She is pointing out a major factual error with the headline, how can you unlike that?

    69
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    Mute Paul Roche
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    Jan 28th 2014, 11:58 AM

    From: http://en.wikipedia.org/wiki/Relationship_between_the_European_Court_of_Justice_and_European_Court_of_Human_Rights
    “Protocol No. 14 of the ECHR entered into force on 1 June 2010. It allows the European Union to accede to the European Convention on Human Rights.[7] The EU’s Treaty of Lisbon, in force since 1 December 2009, permits the EU to accede to said convention. The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed that the EU join as a member of the Council of Europe now it has attained a single legal personality in the Lisbon Treaty.[8][9]
    On 5 April 2013, negotiators from the European Union and the Council of Europe finalised a draft agreement for the accession of the EU to the European Convention on Human Rights. As next steps, it is required that the EU Court of Justice provides an opinion, subsequently that the EU member states provide unanimous support, that the European parliament provides two-thirds majority support, and that the agreement is ratified by the parliaments of the Council of Europe’s member states.[10][11][12]“

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    Mute Mustafa Cezar
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    Jan 30th 2014, 1:18 PM

    It’s not an EU institution but ECtHR are binding on EU Member States according to the European Convention on Human Rights which is also party of the EU primary law by the treaties (i don’t remember which one).

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    Mute Dave Murphy
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    Jan 28th 2014, 11:37 AM

    Well done Louise. It must have taken unimaginable strength to fight on as you did. I admire you for being so brave!!

    117
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    Mute Michael Looney
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    Jan 28th 2014, 11:25 AM

    Our crowd are a shower of idiots! If it doesn’t affect them in any way they have no interest. I’m sure it’d a different case if it was one of their own. For shame!!

    93
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    Mute Julian Hough
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    Jan 28th 2014, 11:35 AM

    Great news, an embarrasment that she had to go to a European court for justice.

    81
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    Mute Joe Simpson
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    Jan 28th 2014, 12:08 PM

    She received £60k from the state in 1998 now she just wants more and I’ll say she’s disappointed by €30k as it’s not a lotto style payment that I’m sure she hoped for

    29
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    Mute Nelly Pender
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    Jan 28th 2014, 12:25 PM

    With all due respects to you Joe Simpson what this woman has done is opened the legal door for all the children who have suffered abuse in a similar fashion throughout Europe tot re get recompense for their suffering. It hopefully will do something even greater. It might force govts. to legislate and put in proper safeguards for children in the future. For this alone I would give her millions. The abuse she suffered as a child took a toll on her life but so has the stress she has been put through in the last 15yrs in fighting this issue–no amount of money can compensate for that. So I say to you Joe a little bit of sympathy if you cant do empathy might go along way.

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    Mute Sandra Cahill
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    Jan 28th 2014, 12:35 PM

    No amount of money will undo the abuse she suffered, financial compensation is the only thing they can offer her. I ‘m sure given the opportunity she would rather chop his bollix off than get the money

    88
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    Mute Joe Simpson
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    Jan 28th 2014, 1:01 PM

    She waited over 20 years and didn’t report it till she seen the compensation schemes for institutional schools and wanted a piece of the action. The state isn’t telepathic so how can they protect children if no abuse is reported(she didn’t). It seems to be the financial aspect that motivated the action and not the “Justice” element which is constantly harped on about.

    She already received funds from the state which are in line with other institutional cases to me she just wanted more. I certainly wouldn’t award millions for an event that happened 40 years ago which I’m sure she can barely remember.If the state had a vicarious liability I think 60k in 1998 was a fair award and if she wanted to go on a stressful 15 year compo trip that’s her responsibility. While the state might have lost today the award of 30k vs 300k against the teacher puts things into perspective regarding(A) perceived damage caused (B) the states share of the blame.

    19
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    Mute White Fang
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    Jan 28th 2014, 1:04 PM

    ‘Which I’m sure she can barely remember’.

    Do you listen to yourself?

    81
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    Mute Mr.Big!
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    Jan 28th 2014, 1:33 PM

    Just like an abuser would say ..

    74
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    Mute Joe Simpson
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    Jan 28th 2014, 1:41 PM

    All I’ll say is the first time she went to see a councillor for psychological problems was after she went to the police to look for compensation 25 years later.

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    Mute Mr.Big!
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    Jan 28th 2014, 1:49 PM

    And people whom have been abused go to see counsellors 30 to 40yrs after they have been abused ..Ask any psychologist that is working in the area of sexual abuse ..

    http://www.hse-ncs.ie/en/

    46
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    Mute Billy Cussen
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    Jan 28th 2014, 1:54 PM

    Joe Simpson, you are a tool of the highest order. Its this “Ara shur, she probably didn’t even remember that. It’ll be grand” attitude that looks down on anyone trying to make a change that is the reason this nation is languishing. All because a set of gombeens in Leinster House that couldn’t give an actual damn about one of their citizens, or any of them for that matter.

    And don’t get me started on The Catholic Church..

    70
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    Mute Sandra Cahill
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    Jan 28th 2014, 2:01 PM

    There’s seriously something wrong with you going on that comment Joe

    43
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    Mute Patrick Ryan
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    Jan 28th 2014, 10:06 PM

    Your inference here is shameful, sir. I don’t know how you can look at yourself in the mirror after saying this about a woman who clearly has been scarred for life by her abuse by someone whom all of us were once told we could trust and turn to for help and protection.

    28
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    Mute Aideen O M
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    Jan 29th 2014, 12:28 AM

    Oh sure 90k is great compensation against the 150k+ that she has spent trying to pursue this case! You sir, are an fool.

    21
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    Mute Matthias Baumann
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    Jan 29th 2014, 7:48 AM

    @Joe Simpleton

    You are a complete and utter disgrace to humanity, you obnoxious moron!
    I have no respect whatsoever for brainwashed idiots like yourself!
    Go and kiss the governments arse, you spineless wimp!

    8
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    Mute Anne Allen
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    Feb 6th 2016, 2:01 AM

    I didn’t know the police give out compensation! You’re talking through your hat!

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    Mute Nicky O'Donnell
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    Jan 28th 2014, 11:28 AM

    “Despite this awareness, the Irish State continued to entrust the management of the primary education of the vast majority of young Irish children to privately managed National Schools, without putting in place any mechanism of effective State control”

    Yes, absolutely right. Good for her. A disgrace that she has to take her case this far, but this is a huge victory that should give hundreds of others the confidence to take similar cases against the state.

    79
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    Mute Patrick Ryan
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    Jan 28th 2014, 10:03 PM

    Well said Nicky. And those claiming the this lady, and others, are motivated by money should hang their heads in shame for even suggesting this, and pray such evil things never happen to their children.

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    Mute Fergus Gaffney
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    Jan 28th 2014, 11:45 AM

    Suffer little children……..and they did suffer both physical and sexual abuses, many for months and years. It is now time to take the schools from the churches and take them into state ownership and stop the churches having any say in the schooling or rearing of our children. If parents want their children to have religious instruction they should be organising that themselves on the weekends.

    68
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    Mute Sharon
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    Jan 28th 2014, 11:36 AM

    Brilliant result & fair play to her for seeing it through.

    59
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    Mute Andrew Murphy
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    Jan 28th 2014, 11:27 AM

    This isn’t an EU Court, it is an ECHR Court. Different institutions/membership/treaty so quite a big difference!

    52
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    Mute Paul Roche
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    Jan 28th 2014, 12:07 PM

    The article is clear in that regard.

    17
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    Mute Kerry Blake
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    Jan 28th 2014, 11:56 AM

    Good news hopefully this judgement will also help others in her situation and stop the state hiding from it’s responsibilities.

    50
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    Mute Barry Ryan
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    Jan 28th 2014, 12:05 PM

    Another failing of the irish state… who would have thought it!

    47
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    Mute Catherine Mill
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    Jan 28th 2014, 3:34 PM

    The state does not take itself to court.

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    Mute Michael Garett
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    Jan 28th 2014, 11:40 AM

    Fair play. Irish state and church left Hickey to teach up till 90s. He’d rather teach irish music and dancing than cathecism in class.Was never reprimanded for that either.

    44
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    Mute Ciaran O'Mara
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    Jan 28th 2014, 12:56 PM

    While I am delighted personally for Louise, this throws up the question of how we can go on pretending that 3,000 plus religious owned schools fully paid and funded by the taxpayer for generations are “private” institutions outside the control of the democratic state, free to decide who can go to them and free to decide how they are run.
    Ireland has changed. Many parents no longer give unquestioning obedience to the RC church. They are no longer prepared to let the local parish priest stay in charge of the school.
    If we the taxpayers have to pick up the tab for their wrongdoing, then I say it is time to end their so called private status. I know this means changing the Constitution on property and education rights but so be it.
    It is untenable for this situation to continue.
    If we ignore the judgement of the ECHR then we may have to leave the European Convention on Human Rights.
    Something has to give.

    42
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    Mute Don Juan
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    Jan 28th 2014, 12:51 PM

    The fact that the state took on, in effect, an 8 year old child in this case and won is disturbing.
    I hope an apology is forthcoming.

    36
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    Mute Patrick Ryan
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    Jan 28th 2014, 1:16 PM

    The State ‘protected’ the taxpayers against liability, and fought Louise all the way on this, warning her and others that they risked personal financial ruin if they persisted with their legal cases. This is ultimately about money as far as Ireland Inc is concerned.
    Bravo to this woman, and others, for holding the establishment accountable. Naturally the question of taking the perpetrator’s pension from him never seemed to have entered the discussion, as usual. No doubt we will be told, as when suggestions are made to take politicians’ pensions from them, that ‘errr, legal advice is that this is not possible’. The same legal advice which urged the senior public servants in the departments concerned (all of who will also be due Lotto-level pensions and lump sums when they, in turn, retire) to challenge victims all the way to the European courts.
    The State – ie the public servants in charge – also claimed no relationship to a man whom we will pay a generous pension to until the day he dies, and, I understand, to his spouse after his death.
    So is it us, or themselves, they ultimately protect?

    35
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    Mute Noel Otley
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    Jan 28th 2014, 12:54 PM

    Well done, Louise, for your persistence. AND for giving our judiciary a slap in the face.
    Cannot see the mainstream media, especially the IT, dwelling on this.

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    Mute Grace Jeaney
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    Jan 28th 2014, 8:19 PM

    Heard an interview ion Drive-time this evening, the abuse by this man was reported by some pupils, yet nothing was done, inspector visited school 6 times but found no problem, as if the abuse would happen when an another adult was present. Glad this lady pursued this case.

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    Mute Paula Phelan
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    Jan 28th 2014, 1:10 PM

    Fantastic news, this woman is brave and honourable, about bloody time!

    23
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    Mute Eoin Ó Riain
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    Jan 28th 2014, 1:09 PM

    Didn’t our esteemed Taoiseach criticize the Church for similar lack of actions?

    23
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    Mute cpak
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    Jan 28th 2014, 11:34 AM

    This is stupid, if we are to vet against what people might do then we would never employ anyone. Disgraceful judgement, how on earth was the government to know

    21
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    Mute Mr.Big!
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    Jan 28th 2014, 11:56 AM

    This is a fantastic result for this one brave determined lady ..Vetting is so important you tool , especially in the area of looking after the young and the vulnerable ..Just for once stick your head out of your arse!

    74
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    Mute Kerry Blake
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    Jan 28th 2014, 11:57 AM

    I think the point is cpak the state made no attempt to find out which the court held they should have.

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    Mute Ben Gunn
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    Jan 28th 2014, 12:19 PM

    It new because it was told time and time again over at least 60 years.

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    Mute Ben Gunn
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    Jan 28th 2014, 12:20 PM

    **knew**

    19
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    Mute Mark O'Hagan
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    Jan 28th 2014, 1:38 PM

    The government were quite happy to hide behind the original ruling that found that it was the board of management was the teacher’s employer. This should provide a wake up call to the department of education that they ultimately DO have responsibility for the children in their care and they might deal with these allegations a lot more promptly in future.

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    Mute Eamonn Dunne
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    Jan 28th 2014, 5:41 PM

    This is one of the reasons I am glad were in Europe, our government is a disgrace they should have apologised and settled with this brave woman. Once again ECHR has to put us to shame why on earth was the government trying to defend the indefensible.

    15
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    Mute Ian Mac Eochagáin
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    Jan 28th 2014, 1:18 PM

    In the interest of balance, what was the State’s response?

    12
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    Mute Austin McGlade
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    Jan 28th 2014, 12:51 PM

    Hopefully this will lead to some changes for the better. Is the State insured against these type of claims or will the tax payer ultimately end up footing the bill?

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    Mute Deireann Farruaigh
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    Jan 29th 2014, 9:26 AM

    State used the same tactics in the hep c women cases. Michael Noonan was the man leading that miscarriage of justice against the women involved.

    The State has a proven track record of neglect, bullying & intimidation of it’s citizens. When are we going to learn? The whole system is wrong especially when it’s fails in it’s duty & supports wrongdoing of any form. The state is more concerned about getting sued by wrongdoers & their due process then protecting the victims. Thank you Louise I hope Ireland demands more from our gov from here on.

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    Mute Paula Cullen
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    Jan 28th 2014, 2:30 PM

    In the press conference she mentioned bringing in legislation. What would this legislation be for? Vetting or something else?

    2
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    Mute Séamus Mac Síochais
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    Jan 29th 2014, 7:03 AM

    Judgement is being used incorrectly it should read judgment

    1
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