The Government has to date refused to accept properties transferred by religious orders to the State since 1999 as part of the Conference of Religious of Ireland (CORI) contribution to the industrial school abuse compensation fund, it has emerged.
Under a deal agreed with the State in June of 2002, it was agreed that 18 religious orders would pay €128 million in cash and property as their contribution to a redress scheme for survivors of religious- run residential institutions in return for an indemnity against future claims.
However, the Minister for Education and Science, Mr Dempsey, appears to be adopting a tough line in implementing the deal by refusing to accept already transferred properties as part of the orders' contribution. This is in contrast to the announcement made last year, just before the previous Government left office, by the then Minister for Education, Dr Michael Wood.
Dr Woods said then the orders would transfer €76.86 million worth of properties to the State. "This includes property which is in the course of transfer, property which was transferred since 11th May, 1999, [the date of Taoiseach's Dáil apology to victims of abuse\] and property which has been identified and which is to be transferred," Dr Woods said.
However, in a written Dáil reply to Labour TD Ms Joan Burton, Mr Dempsey said: "To date, the State party has not agreed that any properties on this schedule qualify under the terms of the indemnity. Officials will not accept any property until they are satisfied that all the necessary criteria have been fulfilled." He said there had been "no delays in the consideration of these properties".
Up to 5,000 people who were held in industrial schools in their childhood are expected to seek compensation from the Residential Institutions Redress Board set up by the Government. It is estimated that the final bill could run to €400 million.
Last night Sister Helena O'Donoghue of CORI said despite Mr Dempsey's statement that there were no delays in the "consideration of properties", it was a fact that transactions involving some properties had not yet been completed.
However she added the process was "going satisfactorily". It was slow and painstaking and had to date involved a deadline being extended at the State's request. That too had now been passed.
Sister Helena said CORI was not making an issue of this as it understood the difficulties involved. She had always understood that such transference would go ahead over the lifetime of the redress scheme.
She added that she had expected the State would refuse to accept some properties and it was true it had done so in a "very few" cases so far, because of title or suitability problems. Where this happened, the congregations would transfer other property or pay over cash.
She said where the 18 relevant congregations were concerned, "all we have are schools and sites". They were not like some congregations in that they were not resource-rich, having devoted their years of service to the poorest in society.
The congregations have transferred €40.32 million worth of properties, mostly schools and associated lands, to the Department of Education and Science since the date of the Taoiseach's apology. They have also paid over €41.14 million in cash.
The Department of Education is currently examining €36.54 million worth of other properties offered by the orders. Officials had nine months under the agreement to consider these properties, though they have an extra two months - which is allowed under the rules of the deal - before making final decisions.
The congregations have now put forward a list of alternative properties to replace those on its post-June 2002 list which have already been refused by the State, although final decisions on them will not be made until early next year.