§ Dr. HendronTo ask the Secretary of State for Northern Ireland (1) what provisions apply to claims for compensation by people who are sexually abused as children and take legal action as adults; [32516]
(2) if adults who were sexually abused as children are not eligible for financial compensation; and if he will make a statement; [32517]
(3) if he will make a statement regarding the changes he is planning to the Criminal Injuries (Compensation) Northern Ireland Order 1988 in order to allow sex abuse victims to claim compensation after they reach the age of 21 years; [32518]
(4) in what circumstances he may make ex gratia payments to Northern Ireland sex abuse victims who were abused as children and cannot claim compensation after they reach the age of 21 years; [32519]
(5) on how many occasions he has made ex gratia payments to sex abuse victims who were abused as children and cannot claim compensation after they reach the age of 21 years. [32520]
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§ Sir John WheelerUnder the terms of the Criminal Injuries (Compensation) Northern Ireland Order 1988, a person has three years within which to lodge an application for compensation. However, in the case of victims aged under 18 when the injury was sustained, my right hon. and learned Friend has discretion to admit applications made outside the three-year time limit, if there was a reasonable cause for not making the application at any earlier time. This discretion is applicable for up to three years after the victim's 18th birthday, and acknowledges the fact that children and young persons who are criminally injured are not always in an immediate position to protect their interests or have them protected.
The 1988 order also introduced a three-year time limit for claims made under the earlier Criminal Injuries (Compensation) (Northern Ireland) Order 1977 which continues to apply to injuries sustained before the 1988 order came into effect on 1 July 1988. However, the order did not make an exception in respect of those criminally injured while under 18. This anomaly was rectified by article 5 of the Criminal Justice (Northern Ireland) Order 1991 so that they too could apply for compensation up to the age of 21. In short, 21 is the effective cut-off point for all claims relating to injuries to minors.
As for violence within the family—which encompasses many sex abuse cases, including incest—article 5(2) of the 1988 order provides that no compensation can be paid in respect of an injury where the victim was, at that time, living in the same household as the person responsible for causing the injury unless:
- (a) the person who caused the injury has been prosecuted (or there is a sufficient reason why this could not happen);
- (b) the victim and the person who caused the injury have stopped living together (unless there are exceptional circumstances which prevent them from ceasing to live in the same household); and
- (c) the person responsible for causing the injury cannot benefit from the compensation if it is paid.
Officials are currently considering whether it would be feasible to admit for consideration applications made after a victim has reached the age of 21, possibly by way of ex gratia payments to be made in cases which are now time barred but which meet all the other criteria. This work is still in progress. I shall let the hon. Gentleman know when it has been completed. No ex gratia payments have been made outside the terms of the 1988 order to any victim of child sex abuse.