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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Commission on school abuse

Summary

Ivana Bacik welcomed the commission of investigation into historical sexual abuse in schools and praised the Ryan brothers and survivors. The Taoiseach outlined the Government’s response and said legal options to pursue religious orders and related assets were being examined.

I begin by welcoming an important young visitor Minnie McDermott to the Visitors Gallery.

I again welcome yesterday's announcement about the establishment of a commission of investigation into sexual abuse in schools. I pay tribute, as I know we all do, to the Ryan brothers, David and the late Mark, for their bravery in stepping forward and speaking out about their experiences of abuse. We owe an immense debt to them and to all those survivors who have spoken out and shone a light into the dark and shameful past of abuse in schools. Their courage provided the impetus for Mary O'Toole's scoping inquiry which has now led to this commission.

However, we must learn lessons from past investigations and inquiries, some of which we know failed to deliver truth, justice, accountability and indeed healing for victims and survivors. As a barrister, I represented survivors of abuse in court and before the Residential Institutions Redress Board in the past. There I witnessed the deeply traumatic impact that flawed procedures can have for survivors in bringing complaints of childhood abuse. Many survivors described to me their experience of being retraumatised by flawed and unduly complex and cumbersome processes, for example, before the redress board in the 1990s.

More recently we know the terms of reference of the Commission of Investigation into Mother and Baby Homes excluded a great many people who had suffered immensely. In addition, when the work of the commission was completed, its findings found their way to survivors through a leak to the press, which was unacceptable. Even now it is really unfortunate that victims have been left waiting years for appropriate redress. We must ensure this new and welcome commission avoids the mistakes of the past.

I welcome that the Taoiseach has spoken of an inclusive and survivor-led approach, which is vital. However, we also need to ensure that religious orders that were complicit in the sexual abuse of children should be required to provide appropriate redress to survivors. One survivor Louise O'Keeffe told "Morning Ireland" today that the framework is there. We must also ensure access to redress for survivors on a timely basis. I raised this with the Taoiseach during the Taoiseach's Questions session yesterday. I raised the question of a parallel redress process. I think he might have misunderstood me because in his reply he said it would not be possible to set up a redress scheme in advance of an inquiry; I accept that. However, we asked that a redress scheme might run in parallel with the commission. We are conscious the commission will run for at least five years and we do not believe survivors should be forced to wait a further five years for the outcome of the process.

Returning to the question of redress, survivors need assurance that organisations, religious bodies, religious orders and the church that were accountable and responsible for abuse should be made to pay. Church and State and also religious orders played a shameful role as we know. In particular within religious orders, clerics were allowed in some cases to perpetrate appalling crimes against children with impunity. We need to go further than condemnation; we need to remove legal obstacles to pursuing religious orders. Labour produced a Bill to do that. Will the Government accept that Bill and move forward? Will the Taoiseach ensure redress is available to survivors within five years?

Comment on this

I thank the Deputy for raising what is a very serious issue. I agree with her about the work of the Ryan brothers, in particular, as a catalyst for the decision by the Minister, Deputy Norma Foley, to set up the scoping inquiry which led to the Minister, Deputy Helen McEntee, yesterday bringing to Government proposals for the establishment of a commission of investigation into the handling of historical child sexual abuse in schools. Yesterday the Government agreed to the appointment of Mr. Justice Michael McGrath, a judge at the Court of Appeal, as chair of the commission. The principal recommendation of the scoping inquiry was to establish such a commission. There will be a period of consultation prior to formal commencement. When the commission is ready to hear from those who wish to contribute to its work, it will be widely advertised.

We have also accepted further recommendations of the scoping inquiry with regard to the remit of the commission, child protection issues, the legal system and memorialisation. It is clear from the scoping inquiry that many survivors view financial redress as an important measure of accountability for those who ran schools where sexual abuse happened. The Government is pursuing a very detailed examination to ensure that those responsible, including religious orders, are held accountable and make redress. The Office of the Attorney General with the Department of education and other relevant bodies is examining legal options that may be available to the State. We are examining 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 ensure compensation from religious orders will run in parallel with the commission of investigation. It is complex work, will require detailed consideration and may take some time to complete. We will be open to engaging with the Deputy on any constructive proposals she has on this.

Back in the late 1990s we amended the Statute of Limitations but it is acknowledged that more is needed. Some of the survivors' accounts in the scoping inquiry were quite horrific. Many of them were very clear that they want those who were responsible to be accountable and to contribute - more than contribute.

Comment on this

We all want to see those accountable to be made to contribute. I welcome that the Government is exploring and examining legal options. However, this is not a new phenomenon; we have known about this issue for years. The Labour Party produced a Bill to ensure that we can pursue religious orders and unincorporated associations. I have sent the Taoiseach a copy. I will send him another copy. We need this urgently. As we know, for years religious orders have been carrying out a perfectly legal practice of transferring their assets and their properties to associated lay-run trusts.

I have described this as the developer's wife syndrome. In some cases it puts assets out of the reach of State authorities and it is not acceptable. As of September 2024, religious orders have paid just 16% of institutional redress costs that were owed but we know the money is there. Religious orders involved in historic abuse have sold more than 75 properties worth a total of over €90 million since 2016. We know these orders and their associated trusts own vast quantities of property and assets around the State. We are simply asking, as are survivors, that they be made to pay the redress they so clearly owe to survivors who were denied justice for so long.

Comment on this

That is the Government's intention, commitment and determination to do. The specific issues the Deputy has raised are being examined in considerable detail with a view to enabling Government to have the powers, ultimately, to deal with those particular mechanisms that have been used. We want to make sure that the financial capacity is retained in the country and made available to provide compensation.

Comment on this