The Department of Education has said it had no part in the pursuit of Louise O'Keefe for costs in this case. Responding to queries from The Irish Times last night it said it was "the State Claims Agency, rather than the Minister or department, which is responsible for the management of these claims".
It continued "the State Claims Agency will engage with the plaintiff's solicitor in relation to the issue of payment of costs - taking into account all circumstances".
A spokeswoman pointed out that "the courts found that the Department of Education and Science had no responsibility in this case". Since last September all personal injury claims against the Minister for Education (including those in respect of abuse of a child) have been delegated by the Government to the State Claims Agency, she added.
Last night Ms O'Keefe, a separated mother with two children aged seven and nine, said she was in shock and felt she was being made an example of. "They [ department] won their case and had their judgment. Wasn't that enough for them?" she asked. She said the costs amount was more than the value of her home and everything she owned. She commented that her children were now the same age as she was over the period she was abused and she believed that, in pursuing her for costs, the department was abusing her children.
Ms O'Keefe initiated her civil action against the department in September 1998 following the conviction of her abuser Leo Hickey in June that year. It came to a High Court hearing before Mr Justice Eamon de Valera in March 2004 and he delivered his judgment on January 20th this year. The State immediately sought costs.
Dáil deputies from several parties yesterday criticised the decision to seek costs. The TDs were attending an Oireachtas committee on education hearing on child protection issues arising from recommendations in the Ferns report.
Labour TD Jan O'Sullivan called on the State to waive the costs. Fine Gael's Olwyn Enright said that in court cases such as this, the State should not be looking for costs. Fianna Fáil's Barry Andrews agreed.
Colm O'Gorman, of the One in Four group, said: "It's a dodge that the State is not liable in such cases - it will result in costs that will ruin a woman's life."