The Government will “pursue all levers available” to compel the religious orders to pay redress to victims of historic sex abuse in schools, the Minister for Education Helen McEntee has stated.
A commission of inquiry into allegations of historical sexual abuse in day and boarding schools has been established by the Government with a time frame to report within five years.
Speaking after the commission was approved by the Cabinet, Ms McEntee said any redress due to the victims arising out of the commission should be paid for by the religious orders.
The compensation will be a “measure of accountability” for what happened to victims.
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This will include looking at changes to the statute of limitations on civil claims and changes to the status of unincorporated associations, as well as looking at the assets that religious orders have.
An examination of how to get compensation from religious orders will run in parallel with the commission of investigation.
The Attorney General Rossa Fanning and his office has been involved in drawing up proposals to pursue the religious orders for money.
Successive governments have had little success in pursuing religious orders for compensation. A deal made in 2002 that capped contributions from the religious orders at €128 million – less than 10 per cent of the eventual compensation liability – was widely criticised. The religious orders fell short of the 50:50 split in relation to the 2009 Ryan Report and only two religious orders out of eight offered redress to survivors of mother and baby homes.
On foot of that failure, the Minister for Children Norma Foley asked the Attorney General to examine ways that might lead to the sequestration of assets or the seizing or freezing of bank accounts of religious orders.
When asked how the Government plans to improve on collecting money from the religious orders, she said: “There is more work that needs to be done to find out exactly what is owned and is in the possession of the religious orders or institutions.
“It is clear that any redress scheme approved by Government will have to be funded by these religious organisations.”
Under the terms of reference of the report, which were published on Tuesday, Mr Justice Michael MacGrath must report within five years – and write to the Minister for Education within two years, updating her as to the likelihood of meeting that target.
The commission will begin its work in October and Ms McEntee said the cost of it is likely to “run into tens of millions of euro”.
Labour has brought forward a Bill that would remove legal obstacles to the Government forcing the religious orders to pay redress.
“These orders cannot be allowed to hide behind trusts and legal mechanisms to avoid accountability,” Labour leader Ivana Bacik said.
“This legislation provides a clear and immediate pathway to justice, and Government should support its passage without delay . . . Survivors have waited long enough.”
Abuse survivors’ support organisation One in Four said it welcomed Tuesday’s news. Chief executive Deirdre Kenny said the commission’s scale “reflects the thousands of lives affected and the deep impact on families and communities for generations”.
However, the group said it is “concerned that the issue of redress will be further delayed. While we appreciate this is complex, survivors have shown immense resilience and patience; therefore, we are concerned about any further delay. Delays disadvantage survivors and may allow institutions to avoid accountability and responsibility.”
Last September, the then government formally agreed to establish a statutory inquiry into the sexual abuse of children at day and boarding schools, following recommendations in the 700-page scoping inquiry report, led by Mary O’Toole SC.
The report disclosed 2,395 allegations of sexual abuse at 308 schools run by religious congregations, involving 884 alleged abusers. A high number of allegations were concentrated in special education schools, where 590 allegations were recorded in 17 institutions involving 190 alleged abusers.
The inquiry was set up following revelations of widespread sexual abuse of boys at Willow Park and Blackrock College in south Co Dublin. It followed the broadcast of RTÉ radio documentary Blackrock Boys in November 2022 and the launch that month also of a restorative justice programme involving abuse survivors and the Spiritan congregation, which runs the schools.
There will be a sampling approach used – whereby cases will be chosen that have sufficient witnesses and documentary evidence available to allow the commission to fulfil its functions. An initial survey will be undertaken to identify the potential number of survivors.
