Seanad:As someone who had worked in government, he had long held the view that the State must have duties towards its citizens and must act with moral authority, Martin Mansergh (FF) said when adding his voice to criticism of the warning given to people claiming to have been abused in national schools that they risked significant legal costs if they pursued damages actions.
Dr Mansergh said he certainly found it very difficult to stand over or defend in any way threatening legal action against those who had suffered child abuse to deter them from seeking redress.
The State had to take a larger view than one based on narrow legal advice designed to protect the financial self-interest of the Exchequer and perhaps that of taxpayers.
"I find it very difficult to accept that the State, which has been responsible for so much of the progress that has taken place in the last 40 years, has nothing whatsoever to do with some of the negative things that happened."
Joe O'Toole (Ind) said they had witnessed this scenario before, in the case of Mrs McCole, where a minister had acted solely and doggedly on legal advice.
He would advise Fianna Fáil members to read the speeches they had made then, with considerable effect, about Michael Noonan, because they were now walking into the same situation on this issue. Legal advice taking over from political decision-making was not acceptable. He thought this was all being done by the State Claims Agency and he would like to know how it managed to bring the Government into court on various issues time after time. Which Minister was responsible?
The essential question was whether the political system was in charge of decisions to fight claims that were made.
Paul Coghlan, acting Fine Gael leader in the House, said the approach being taken made a mockery of the apology that had been offered on behalf of the State by the Taoiseach to abuse victims.
David Norris (Ind) said it was extraordinarily cowardly of the Government to try to shift this problem to boards of management.
Joanna Tuffy (Lab) said that apart from the insensitivity of this letter, it was premature considering that the O'Keeffe case was being appealed to the Supreme Court.
Sheila Terry (FG) said there was a serious prospect that many people would decline to serve on boards of management, which were due to change next year, because of the enormous bills they might be faced with in the future.
Ann Ormonde (FF) said she had no doubt that the Minister for Education would be able to provide a very good explanation. The situation would have to be explained, but not in the way it had been spun on the television programme earlier this week.
Acting House leader, John Dardis (PD) said he rejected on behalf of the Government claims that the letters represented a "declaration of war" on abuse claimants.
The best way to deal with the matter would be to have the Minister come to the House and explain it, as well as giving a definitive position on behalf of the Government.