Sir, - I act on behalf of 23 former inmates of various industrial schools. When my clients were in these institutions they suffered physical abuse, gross neglect and starvation. Some suffered sexual abuse.
In law, if an injured person is to bring a civil claim, then, with certain exceptions, that claim must be brought within three years of the event causing the injury. This law is contained in the Statute of Limitations 1957 and 1991. The current law prevents all victims of physical abuse, neglect, starvation and sexual abuse from bringing a civil claim unless the injury occurred within the past three years.
It is recognised by psychologists and other experts in the field that childhood abuse can result in the victim "blocking out" the event/events in his/her mind. Because of this, in very many cases it has taken a number of years for the victims to overcome this psychological disability (if at all).
A new Bill is being debated before the Dail with the intention of amending the Statute of Limitations to recognise "psychological disability", but only in relation to sexual abuse. I have no argument with this Bill in so far as it deals with the needs of the future. My argument lies with its disregard for the needs of the past.
After the States of Fear programmes and investigation into institutional abuse, the Taoiseach acknowledged and apologised to the victims of this abuse. This led clients to believe that their plight would be recognised and addressed.
It is with great regret that I have now learned that the Government has introduced a Bill for debate before the Dail which may in fact make it impossible for some victims of the industrial schools and institutions to be justly compensated for the wrongs that were done to them. For many who were lucky enough to avoid being sexually abused, it would appear that they are to be punished by this proposed legislation because they were not sexually abused. Their years of serious physical abuse and starvation are being disregarded under the new Statute of Limitations (Amendment) Bill, 1998 which does little to meet the promise the Taoiseach made to the victims of past abuse earlier this year.
In addition, the new Bill is also attempting to exclude sexual abuse victims who might have recovered their memory of past abuse more than three years ago.
A special and separate "once-off" legislative provision requires to be made to remedy the suffering experienced by victims of institutional abuse in all its forms. This separate provision should be extended to cover all forms of abuse in the Institutions including serious physical abuse, gross neglect and starvation and to amend the proposed three-year limitation period by providing for a period of three years from the passing of the legislation proposed or three years from the cessation of the disability, whichever period is the later.
This is our last chance to go some way towards compensating these victims for a childhood of abuse and a lifetime of physical and psychological scars.
I am writing to the Minister for Justice, Equality and Law Reform and all local TDs on the matter. I should be obliged to receive your assistance in highlighting this serious problem through your publication of this letter. - Yours, etc.,
Helen M. Hoare, Solicitor, Skibbereen, Co Cork.