The decision by the Government to establish a compensation tribunal for the victims of abuse in institutions is to be welcomed. It immediately clears the way for the Commission to Inquire into Child Abuse to proceed with its work. The decision also lifts a huge burden from those who have already suffered too much, and who were facing the daunting prospect of proving in the courts how much they had been damaged and asking that a price be put upon it.
The chairwoman of the commission, Ms Justice Laffoy, is to be commended for her firmness in insisting that the Government should not delay in dealing with this issue, which was impeding the work of her inquiry. The outline of the compensation plan is generous so far. By accepting "abuse" as broadly defined by the Act setting up the Commission to Inquire into Child Abuse, the Minister has removed any distinction between physical and sexual abuse. However, the Minister should reassure victims that he will follow the Act's broad definition of institutions to cover all who were abused, whether they were residents or day pupils. The compensation is to be paid without establishing liability on the part of State regulatory and supervisory bodies, provided the claimant can satisfy the compensation tribunal he or she suffered abuse and resulting damage.
In a clear reference to the responsibility of the religious orders who operated the institutions for the State, the Minister has said the issue of other financial contributions to the compensation fund has to be dealt with. The representative body for the religious orders, CORI, has welcomed the Government decision and said the orders will want to make a "meaningful contribution". The Archbishop of Armagh, Dr Sean Brady, had previously said the Catholic church would meet its responsibilities when it came to compensation. This will be of crucial importance for the victims.
Groups representing the victims have welcomed the Government decision to set up a compensation tribunal. The experience of other countries has been that the issue is not just about money. It is about acknowledgement and the acceptance of responsibility.
In this society, the usual way of measuring responsibility for injury is financial compensation. A significant contribution from the religious orders would demonstrate to the victims, in a way words cannot, that the orders acknowledge the damage they have done, sincerely regret it and want to make reparation.
There is still a distance to travel before the enabling legislation for the compensation tribunal is published and enacted. It is to be hoped that the spirit which informed the Government's decision will survive this more protracted process. It will be necessary that the levels of compensation be similar to what would be awarded for such injury by the courts, and that the tribunal is set up with all speed, so that the victims will not have to continue preparing civil court actions.