Statute Of Limitations

Sir, - I have been asked by Mr John O'Donoghue TD, Minister for Justice, Equality and Law Reform, to write in connection with…

Sir, - I have been asked by Mr John O'Donoghue TD, Minister for Justice, Equality and Law Reform, to write in connection with the article on the above matter by Medb Ruane (Opinion, May 31st).

Ms Ruane castigates the Government and the Minister for not seeking the views of experts on child abuse and its effects. In the next breath, however, she criticises the Government and the Minister for doing precisely that, namely, referring a particular aspect of the question to the Law Reform Commission. She dismisses the commission as "a body not known for its special expertise on the human implications of abuse". This lack of expertise did not apparently hinder the commission in producing, for instance, its landmark report on Child Sexual Abuse in 1990, which led to significant changes in both civil and criminal law; nor did it hinder the commission in producing its report on limitation periods which led to fundamental changes in the law on personal injuries actions in 1991.

After full consideration of the issues by the Government, following on the deliberations of a Cabinet Sub-Committee, the Government is advancing a broad-based response to the needs of the victims of child abuse. This includes the Commission to Inquire into Childhood Abuse, which has now been appointed, and the expansion nation-wide of the counselling services available to assist victims of child abuse. The Government has agreed the immediate amendment of the Statutes of Limitation as they apply to child sexual abuse cases. Priority is being given to the advancement of other legislation to include a register of sex offenders and separate legal representation for the complainant in rape and serious sexual assault cases. The Garda authorities are urgently undertaking a review of clearance arrangements for staff taking up positions in child health care with a view to their extension to the wider child care area.

As the Minister pointed out in his second stage contribution in the Dail, the law on limitation of civil actions, as it has developed here and in other jurisdictions, is particularly technical. And the Government, in seeking the help of the body best placed to conduct the necessary research into aspects of the matter, whether legal or otherwise, wishes to ensure that any changes to be made in the law as it relates to non-sexual abuse are arrived at in a reasoned way on the basis of measured analysis of the best source material available. The stories of individual experiences are harrowing. This is all the more reason why consideration of the possible legal changes should be conducted in a calm and informed way. While Ms Ruane's commendation of feature articles in the national press as a fount of wisdom is predictable, she may perhaps, on reflection, appreciate that those same articles, including her own, do not provide ready-made law. The matter is one that the Minister, with the agreement of the Government, is glad to advance with the benefit of the considerable experience of the Law Reform Commission on the subject. - Yours, etc.

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Noel Waters, Press and Information Officer, Department of Justice, Equality and Law Reform, St Stephen's Green, Dublin 2.