MINISTER FOR Education Batt O'Keeffe has decided to appeal the High Court decision last month which found it was discriminatory to exclude a person from the redress scheme because she was over-18 when admitted to the institution. The Residential Institutions Redress Act 2002 defined a child as a person under-18.
This was challenged by a woman "JD", following the Redress Review Committee's refusal to consider her application, as she was over-18 when she was sent to the institution, a mother and baby home. JD challenged the constitutionality of the definition of child in the Act as a person under-18. The court found in her favour on November 11th last, ruling that this definition was discriminatory and violated her constitutional right to equality.
JD was a minor at the time of her admission to the institution. Her sister, who was admitted to the same home on the same day for the same reason, was a year younger and was admitted to the redress scheme.
In a statement issued yesterday, Mr O'Keeffe said: "Following consideration of the judgment by my department, in consultation with the legal team, it has been decided to appeal the judgment to the Supreme Court. Pending the outcome of the appeal, a stay has been put on the High Court judgment. In line with normal practice while the matter is before the courts, it is not appropriate for me to comment on any details of the case. Legal argument will be presented to the Supreme Court in due course."