Criticism of the Brothers for going to court was little more than prejudice run riot, argues Patsy McGarry, Religious Affairs Correspondent
It now appears less likely that the Christian Brothers will appeal to the Supreme Court its case against the Investigation Committee of the Commission to Inquire into Child Abuse.
Following the decision of Mr Justice Abbott in the High Court yesterday to award costs of approximately €1 million, as well as other decisions in the order's favour, the argument for such an appeal becomes weaker.
Of just as great importance for the Brothers in arriving at such a decision are changes to the investigation committee procedures, proposed by Mr Justice Ryan and announced by the Minister for Education and Science, Mr Dempsey, last Thursday.
Last night Brother Edmund Garvey, communications officer with the Irish Christian Brothers, acknowledged that the awarding of costs to the order yesterday was "significant", but they awaited advice as to how significant this was.
Mr Justice Abbott was still perfecting his judgment, and further clarifications were expected within a week to 10 days, Brother Garvey said. That would leave the Brothers with a further three weeks to decide on whether to appeal to the Supreme Court.
Regardless, there can now be no doubt that the Brothers were right to go to the courts to challenge various procedures of the investigation committee.
The decision on costs and other rulings have given the lie to those frequently asserted claims that the Brothers had gone down this route to frustrate the committee in establishing the truth about abuse in the order's institutions and as a cynical exercise to hide crimes and criminals, to protect themselves, and to preserve their resources.
Indeed, that the Brothers exposed themselves to such costs at all should have provoked deeper reflection on those views which increasingly appear to have been little more than prejudice run riot.
Further, and as Mr Justice Abbott made clear yesterday, the Brothers have done the State a service by taking an action which, as he found, was also precipitated by a decision of the investigation committee itself in October 2002, when it acted ultra vires, or beyond its powers.
The court action appears to have played a major role in a Government decision last September to undertake the second review of the workings of the Commission to Inquire into Child Abuse, particularly of its investigation committee. The Brothers' case was heard in the High Court last May, and its proceedings were watched with interest by the State, which was also a party to those proceedings. Mr Justice Seán Ryan, who undertook the second review, was in court last October to hear Mr Justice Abbott's judgment in the case.
As the judge remarked yesterday, through their legal action the Brothers helped ensure "a sea change" in how it is proposed the investigation committee conducts its work. Their action has therefore helped ensure swifter justice for those abused going before the committee and will save the State millions of euro.