The Government would put a time limit on a commission of investigation into the abuse of children in schools in order to expedite a redress package for survivors, under plans being considered by the Coalition.
In the wake of a scoping inquiry into the issue which reported almost 2,400 allegations of sexual abuse of children in schools run by religious orders, the Government is trying to balance the establishment of a full commission of investigation with not unduly delaying redress payments to survivors – which could run to billions of euro.
Senior Coalition sources said one option being considered was to mandate that a statutory commission issues a report, or an interim report, by a certain date – with such a precedent being set by the tribunal of inquiry into allegations of discrimination and harassment in the Defence Forces, which aims to report within three years.
While the commission was working, sources said exploratory work on a redress scheme could be undertaken, and once the time limit expired and its report or interim report was delivered, substantive work could then commence on redress.
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Survivors have argued that they should not be forced to wait for many years before redress payments are made, with Taoiseach Simon Harris indicating this week that survivors could not see an inquiry run “for years and years and years without answers”.
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It comes as the State’s human rights watchdog said there is a legal obligation to pay survivors of sexual abuse in schools €84,000 in compensation, in line with previous case law.
The Irish Human Rights and Equality Commission (IHREC) said the Government should “without further delay” fully implement the O’Keeffe judgment in the European Court of Human Rights and establish a redress scheme.
The court ruled the State had breached Louise O’Keeffe’s rights by failing to protect her from abuse in national school, and she was awarded €84,000 in compensation from the State, IHREC pointed out.
In June of this year, the State settled 10 High Court cases taken by survivors of abuse in schools, and each was paid €84,000 in redress.
IHREC said: “Without prejudice to the responsibility of individuals or religious orders to survivors, it has been clear for the past decade that the State has had a legal responsibility to make redress to abuse survivors for its own failure to protect children in schools by failing to put child protection measures in place until the early 1990s.”
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It called on the Government to “fully implement” the O’Keeffe judgment and “to establish, without further delay, a redress scheme providing compensation from the State of €84,000 to survivors of sexual abuse, in line with the legal entitlements. A fair, accessible and inclusive redress scheme, established immediately, is the minimum appropriate response that human dignity – and law – require,” IHREC director Deirdre Malone said in a statement.
Arising out of the European Court of Human Rights decision in Ms O’Keeffe’s action, a scheme to compensate those abused at school was established by the State and revised in 2021. The scheme was to provide payments of up to €84,000 to people sexually abused at a recognised day school before November 1991.
On Thursday, senior Government Ministers were firm in their assertions that religious orders have a role to play in uncovering abuse in schools, and in contributing towards redress for survivors.
“It shouldn’t be the case that they’re asked, they should be part of any redress scheme, but that all has to be worked through,” Minister for Justice Helen McEntee told reporters in Waterford city.
Speaking in Cork, Tánaiste Micheál Martin said there had been “a lot of obfuscation” by religious orders when individuals who had been sexually abused by teachers in religious-run schools sought compensation, and the individuals were forced to go to court.
“I think there is an obligation, there clearly is an absolute need to make sure that religious orders do contribute to any redress scheme, but the State will obviously have to work out [what share the religious orders will pay],” he said.
Meanwhile, Garda Commissioner Drew Harris has said gardaí will investigate whether there was “an organised” element to any of the abuse in schools, such as abusers working together to identify victims.
However, Garda sources told The Irish Times there were currently no criminal investigations into the existence of paedophile rings targeting pupils in schools.
Elsewhere, the Catholic Education Partnership, a charity defining itself as an “authoritative and unified voice” for the Catholic education sector, committed – on behalf of those it represents – to co-operating fully with the commission of inquiry “when the Government publishes its terms of reference”.
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