Thread by @ConorUCCLaw

So, today might be a really good day. We got a positive ruling on a case concerning redress for abuse survivors that I've worked on directly for 5 yrs and indirectly for 10 yrs. But I remain fearful it won't turn out to be the victory it seems. (Thread)

rte.ie/amp/1060862/

When we won the Louise O'Keeffe case before the Grand Chamber of the European Court of Human Rights in 2014, I thought that was the end of this story. But it proved otherwise; the State relentlessly sought to limit its liability through the "prior complaint" criterion.

We're a relentless lot ourselves, so we fought that for the next five years, and eventually secured a ruling in our favour today. But just like in 2014, I fear that the State is already seeking to limit the scope of this ruling.

The Assessor's decision couldn't be clearer. The central criterion for eligibility under the ex-gratia scheme is incompatible with the O'Keeffe judgment. This is not a problem confined to individual cases considered by the Assessor - it applies to the scheme as whole.

And yet the Dept of Education has only committed to making payments in the 13 cases reviewed by the Assessor (education.ie/en/Press-Event…). Separately, it has stated that no decision has been made in relation to the scheme as a whole.

The Dept may still seek to frustrate other applicants by arguing that they are statute barred (i.e. out of time), or that they did not previously litigate a claim against the State. These are spurious grounds that find no basis in the O'Keeffe decision - but watch and wait.

Today's ruling, if properly implemented, should mean compensation for around 400 abuse survivors. If you welcome the ruling, play your part in ensuring that this actually happens. We can't tolerate more of the "divide and conquer" tactics utilised by the State over the past 5 yrs