Civil Liability (Child Sexual Abuse Proceedings Against Unincorporated Bodies of Persons) Bill 2025: Second Stage [Private Members]
Dail Éireann — 2026-06-25
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Jim O'Callaghan (FF), Dublin Bay South

I apologise, as I had to step out for a number of minutes to meet a group that I had a long-standing arrangement with. I thank Deputy Bacik again for putting forward this legislation. As I indicated earlier on, it is important legislation that aligns with Government policy but there are areas in respect of it that I need to give consideration to. I also want to speak in general about how we get justice. It is important from the point of view of survivors that we emphasise and recognise that justice in Ireland can only be delivered through the courts. The courts are there to deliver justice. In the first instance, when people are survivors of sexual abuse or rape, the first port of call, hopefully, is a criminal court where the perpetrator of the heinous crime can be held to account. That is the primary way that liability and criminal responsibility is apportioned and individuals can be held liable before criminal courts for their heinous crimes and attacks upon survivors. In order for that to occur, however, it involves a significant amount of effort on the part of the person who makes the complaint and proceeds and pursues the claim through the courts. We all saw it recently in terms of what happened in another jurisdiction north of the Border recently when you look at the process that had to be gone through in order for the complainants in that trial to achieve justice before the criminal courts.
The criminal courts are where justice is provided in terms of the apportionment of criminal liability. However, justice can be delivered and administered through the civil courts. That is the mechanism that this legislation seeks to engage with. Even though an individual may be criminally responsible for the heinous act of sexual assault or rape, there may also be others associated with that individual who have a broader responsibility and a fiduciary duty that results in them have a liability for the actions of that person. That is why, in so many instances, in situations that arise where people are abused and assaulted by persons who are part of an institution, that institution can be held liable if it can be established that the institution did not take the necessary steps to protect individuals who are vulnerable, such as schoolchildren, who are within the responsibility of the person who carried out the criminal act. That is why, in many instances, it is necessary and appropriate for people to institute proceedings in the civil courts against unincorporated bodies that have a responsibility and liability for the actions of an individual.
I know Deputy Bacik is not saying this, but there are many times when people do things on their own and the entity has no responsibility for it. If a member of a political party does something on their own without anyone within the political party being aware of it, the political party should not have responsibility for it. Where there are circumstances which are apparent that the unincorporated body is aware of the actions of the individual or has reports made to them about the dangerous actions of the individual and they do nothing about it, or, even worse, they move the person elsewhere in the knowledge that these serious allegations have been made, in that context, there is a liability before the civil courts that will fall upon the unincorporated body. In those instances, victims who come before the civil courts who want to institute proceedings should be able to institute those proceedings in a readily accessible manner.
The purpose of this legislation is to ensure that in circumstances where the unincorporated entity will not give a representative's name or will not nominate an individual to be a representative defendant, the court should step in by directing an individual who will be the nominated representative and defendant. The reason that is a form of justice is that justice does provide that damages are a remedy that are to be payable by a wrongdoer in respect of the offences that were committed by that wrongdoer or for which that entity is responsible for. I will conclude by recognising the important role that survivors play in terms of legislation. I have no doubt that this legislation was inspired by the narrative of survivors. I will be back here considering these matter in the Houses in due course.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-06-25/debate/main
Retrieved: 2026-08-27T06:54:51+00:00
Sitting date: 2026-06-25