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Home , High Court (Ireland), Norma Foley

Department of the Department of the Tánaiste Department of Education & Skills Mr. Micheál Martin TD Mr. TD Ms. Norma Foley TD Taoiseach Minister for Enterprise, Trade Department of Education and Skills Government Buildings, and Employment Marlborough Street, Upper Merrion Street, Department of Business, 1. D01 RC96 Dublin 2 Enterprise and Innovation, Kildare Street, T: (01) 6183103 | M: (086) 390 0312 T: +353 1 619 4000 Dublin 2, D02 TD30 E: norma.foley@.ie PE: [email protected] E: [email protected] T: + 353 1 631 2172 W: https://bit.ly/3eUY1rS PE: [email protected] E: [email protected] W: https://bit.ly/2AdiVUa PE: [email protected] W: http://leovaradkar.ie

PLEASE QUOTE REF NUMBER ON ALL CORRESPONDENCE Your Ref: 1800682/AM

RE: 200731 - JUSTICE for DAY SCHOOL SURVIVORS - EXEC - O'Keeffe v. Ireland (Application No. 35810/09) - https://bit.ly/38rZBiA

JUSTICE in IRELAND is JUSTICE in EUROPE

31st July 2020

Dear Taoiseach, Tánaiste, Minister Foley, Minister O’Gorman, Minister Coveney, Minister McEntee, Other Ministers, TDs and Senators, MEPs, Mr President and those in receipt of this letter,

I have awaited a clear response from the Minister for Education in consultation with the Taoiseach, Tánaiste and other relevant ministers on the question of justice for day school survivors of child sexual abuse specifically where a criminal conviction has been obtained.

Three weeks ago, I note in an interview with PJ Coogan on The Opinion Line on Cork’s 96FM (checkout timestamp from 50:49 to 52:26) on 6th July with Taoiseach Micheál Martin, the question of day school survivors was discussed, but strangely was not given any priority in the Programme for Government nor marked for special consideration and urgent attention where further delay has characterised the response to this important issue by successive governments.

Further examination will be required where ‘credible’ cases of child sexual abuse in the day school setting can be confirmed by other means such as medical, psychological or psychiatric reports in conjunction with statements provided to a relevant authority. No statute of limitation will apply in such child abuse cases. Day School Survivors have not waited patiently but painfully for their day of justice.

The Irish state has not complied with that Judgment (Application No. 35810/09) https://bit.ly/38rZBiA.

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This month saw the anniversary of the Dáil Debate in 2018 (https://bit.ly/38bqpU7) on the issue of the defeat of the ‘prior complaint’ argument and the inclusion of the ‘criminal conviction’ argument (https://bit.ly/31tD2sG), followed by the anniversary of Justice Iarfhlaith O'Neill report in 2019 (https://bit.ly/2BEjmYo) which ‘concluded that the ‘prior complaint’ condition was not compatible with a correct Implementation of the Judgement of the ECtHR in the Louise O’Keeffe case’.

My pursuit to address the Committee of Ministers at the European Council will remain my objective as long as the Committee of Ministers do not understand the absurdity of the pitiably obvious case of Ireland not providing compensation for survivors with a ‘criminal conviction’ of child sexual abuse in the day school setting in compliance with the ECtHR Judgment - O'Keeffe v. Ireland (Application No. 35810/09).

Here attached are the summary figures of the national audits of the religious in Ireland by the National Board for Safeguarding Children in the Catholic Church in Ireland which sadly confirms the 6% ‘criminal conviction’ rate - https://www.mvh.ie/research/NBSCCCI-Diocesan-Review-All-Ireland.pdf. It is a far higher percentage than the conviction rates for adult rape cases in Ireland, running marginally just above 1%. Both statistics are a blight and shame on the Irish criminal justice system and no badge of honour in the international community.

Justice must be delivered in our legislature and judiciary on this issue of child sexual abuse in the day school setting.

In truth, Ireland has fought this for over 30 years since cases began from 1990 if not before. Linked is a reference to work in progress in assessing the number of cases listed against the Department of Education from 1990-2020 - https://www.mvh.ie/research/1990-2020-High_Court_Complainant-v- Minister_for_Education.pdf.

I have to review all cases and find which ones involved actions for child sexual abuse in day schools. Plaintiffs are still being pressurised, coerced and constructively denied relief and remedy in keeping with the ECHR Judgment. Plaintiffs are still being put in the invidious position of discontinuing their cases against the Department of Education

Page 2 of 3 and religious orders before completion of their successful case in a criminal court. I am dealing with such a case at the minute.

My illustration of 100 children in a schoolyard demands representation nationally and internationally, where I ask anyone to go into a schoolyard of 100 children, all of whom have been sexually abused, where you are set the task of picking six who will have their perpetrator convicted, the remining 94 will remain in the yard despite coming forward in great distress. If Ireland cannot even have the decency and grace to extend acknowledgement, relief and remedy to complainants with a ‘criminal conviction’, for the nonsense that has gone on with the criteria of the State Claims Agency since 2015, then Ireland has no shame and needs reminding in the judicial and legislative pathways that that is a profoundly unacceptable situation, repugnant to any decent person in our society.

Like others such as Dr. Conor O’Mahony, the Special Rapporteur on Child Protection, appointed by the Minister for Children, my argument to ensure all ‘credible cases of child sexual abuse’ in the day school setting must be addressed in a comprehensive resolution and inclusive criteria will continue. I cannot leave the 94% behind in the schoolyard no more than the 6% who received a ‘criminal conviction’ of their abuser who have not even beenmentioned to the Committee of Ministers in considering Ireland’s long-awaited Action Plan in execution of the ECHR Judgment in January 2014.

In truth, I am seeking the one, the one without any sense of hope that no one has given a thought to for the ordeal they have suffered, in keeping with the one lost sheep parable which has always inspired me from the outset of my work as a survivor on behalf of survivors.

If the O’Keeffe Judgment cannot even rescue the 6%, my work is a longways off nearing any completion.

My petition (http://chng.it/PTt2FN5Jmz) which I invite you all to sign, is a call for inclusion of this nationally and internationally important children’s matter to be included in the Programme for Government (https://bit.ly/3ihwfbe); to deliver a credible Action Plan in execution of the ECHR Judgment to the Department of Execution of Judgment at the ECHR on 8th September 2020 as promised (https://bit.ly/38hxe6D); and engage with survivors of day school child sexual abuse in Ireland.

I would appreciate acknowledgement and urgent action on this issue as the current COVID-19 situation only intensifies the distress by further delay.

Yours sincerely,

Mark Vincent Healy

Mark Vincent Healy Survivor Campaigner seeking ‘Rescue Services’ and ‘Safe Space Provisioning’ for survivors of clerical child sexual abuse Founder of Council of Survivors | Member of RISN | Member of ECA Campaigner for Justice for Survivors of Child Sexual Abuse in Day Schools In Ireland and the European Parliament Negotiator for Residential Institutional Survivor Consultation Talks with the Department of Education Assistant and negotiator to many legal case closures and settlements Email: [email protected] Mobile: +353-87-6374006 LinkedIn: Mark Vincent Healy Twitter: @MarkVHealy

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