As the IICSA confirms the initial hearing dates for the first public hearings which form part of the investigation in to the Protection of Children Outside of the UK, the High Court has handed down a judgment which is linked to this issue as it addresses limitation when abuse has occurred overseas.
In the case of KXL and others the High Court rejected the claims and the claimants’ contentions that the Foreign Limitation Provisions Act 1984 (FLPA) conflicts with public policy and/or causes undue hardship to claimants because there is no discretionary power to extend the time limit in a historical abuse claim.
As we reported on this blog on 1 September 2016, the original remit of the Scottish Inquiry excludes non-State institutions. We mentioned, in that blog, that pressure was building for the scope of the Inquiry’s remit to be extended.
Today, in the Scottish Parliament, a Ministerial Statement has been made by way of an “Update on issues relating to the Scottish Child Abuse Inquiry”. That Statement can be considered in four parts:
Recent blogs have looked at limitation in Scotland and the wider approach to limitation and redress. Whilst the preferred route in all jurisdictions seems to be for the removal of limitation periods in abuse claims, whether civil claims or redress, it is not always a straightforward process. This can be seen from the history of redress and limitation which occurred in Ireland and which is summarised below. Continue reading
The issue of Redress is an important consideration for any abuse Inquiry. Ireland has had direct experience via the Irish Redress Board and the Royal Commission in Australia has made its recommendations already on this subject. A report published this month by the University of Ulster titled “What survivors want from Redress” considers the views of survivors of institutional care establishments as to their expectations of a Redress Scheme. While this is presented from a former resident perspective only it does present a window into the representations which will be made to the HIAI in Northern Ireland, the Scottish Child Abuse Inquiry and the IICSA.