State seeks to overturn decision to be joined in sex abuse lawsuit

Three men who launched damages actions against teachers and two schools run by the Congregation of Christian Brothers applied to have the Education Minister and the State joined as defendants following a landmark European Court of Human Rights (ECtHR) ruling.

In January 2014, the ECtHR found that Louise O’Keefe’s rights under the European Convention on Human Rights were breached by the State by failing to protect her from abuse by a schoolteacher.

The State had previously argued it could not be held responsible as the school was run by an independent management board.

However, the ECtHR said the State was responsible as it paid teachers’ salaries and supervised other matters.

Following the ruling, the three sex abuse victims successfully applied to have the State joined to their case against the Christian Brothers.

They have alleged abuse that took place in the 1970s.

Barrister Eoin McCullough SC, acting for the state, said the decision was made on an ex parte basis where the State was not represented and should be overturned by the High Court.

He also said ECHR rights were only introduced in domestic law in a limited way and the European Convention on Human Rights Act 2003 was not retrospective.

The case continues.