Chapter 1 — Establishment of the Commission

Religious Congregations’ evidence

Fr Joseph O’Reilly, giving evidence on 30th June 2004, said that the Order made that statement because they felt it was the right thing to do: Fundamentally we felt it was simply the right thing to do and it was something over which we had no option to do.

The Order was aware that children had been abused in at least one of their institutions in 1979: That was one of the reasons why we obviously felt that we would have to apologise.

Fr O’Reilly told the Committee that the Order contributed to the Redress Fund because: We believed it was the right thing to do, it was the just thing to do, it was the natural thing when you recognise that you have been part of something that has caused hurt and pain to people in the past, thats fairly inescapable. I think there was a recognition on our part that to go another route that seemed to be the only other route available at the time in terms of litigation and going to the High Court, we felt that that would be disastrous for all concerned.

He continued: I mentioned that we felt that the option of going through the High Court and denying -- I am not sure of the technical word -- denying complaints against us and being involved in that process, we felt that would not be the right way to go and it would be disastrous for all concerned. We felt it would be a hurtful, harmful way for all concerned ... We were advised it would have meant years, maybe a lot more years than anybody knew at the time ... Years of having to appear in court and putting people through questioning and cross-examination, and trying to provide proof on this, that and the other ... From our end we dont have the personnel to do that. We didnt have the inclination to do that. We felt also that we didnt have the finances to do that in a way. We also felt that it would not be at all consistent with what we had said by way of apology. It would not be consistent with the type of relationship that we had with many past pupils. Not with all admittedly. We did not want people to have to suffer on through that type of system ... It seemed that it would have been cruel to consider those type of things. We wanted to be involved in the process and we perceived the Redress Board as process that would offer a degree of healing, you know. Because it offered the opportunity for things to be dealt with in a short enough period of time in comparison to other options, and in a process that wasnt adversarial. So we felt it offered much more of an opportunity for healing and, perhaps not reconciliation, but certainly we would have been guided by the maxim of do no more harm. Do no more harm.

The Rosminian Institute approached this issue, conscious of the obligations and of the difficulties, but also believing in the benefits that would accrue to victims, its own members and to the Order. In adopting this approach and pursuing it throughout the Inquiry, the Rosminian Institute was unique, and its senior management and its members deserve acknowledgment and appreciation in that respect.

The Dominican Fathers have a long tradition in education in Ireland. They operate a number of schools throughout the country. They had one institution, an orphanage at Dominic Street, Dublin known as St Xavier’s Boys Home. It closed in 1993, and the Order received their first complaint in relation to this institution in 1995. Two further complaints emerged later that year and, in 2001, legal proceedings were instituted by six former residents.

The Dominicans did not make a formal apology: No, we didnt make a formal apology ... We didnt feel that a kind of a general apology in terms of our small group of people would be of any great benefit, but if I were to meet them I would be more than happy to do so.

Despite their decision not to make a general apology, the Order contributed to the Redress Fund.

The Sisters of Mercy played a significant role in the industrial school system, as they had been responsible for the management of 26 industrial schools. This is discussed fully in the General Chapter on the Sisters of Mercy. They were also involved in numerous primary and post-primary schools.

The Sisters of Mercy issued an apology in 1996, following the broadcast of the ‘Dear Daughter’ programme in 1995, which characterised a Sisters of Mercy Industrial School, Goldenbridge, as having been abusive. The apology was as follows: In the light of recent revelations regarding the mistreatment of children in our institutions we the Mercy Sisters wish to take this opportunity to sincerely and unreservedly express our deep regret to those men and women who at any time or place in our care were hurt or harshly treated. The fact that most complaints relate to many years ago is not offered as an excuse. As a congregation we fully acknowledge our failures and ask for forgiveness. Aware of the painful and lasting effect of such experiences we would like to hear from those who have suffered and we are putting in place an independent and confidential help line. This help line will be staffed by competent and professional counsellors who will listen sympathetically and who will be in the position to offer further help if required. In this way we would hope to redress the pain insofar as that is possible so that those who have suffered might experience some peace, healing and dignity. Life in Ireland in the 40s and 50s was in general harsh for many people. This was reflected in orphanages, which were under funded, under staffed and under resourced. It was in this climate that many Sisters gave years of generous service to the education and care of children. However, we made mistakes and irrespective of the passage of time as a congregation we now openly acknowledge our failures and ask for forgiveness. Regretfully we cannot change the past. As we continue our work of caring and education today we will constantly review and monitor our procedures, our personnel and our facilities. Working in close cooperation with other voluntary and statutory agencies we are committed to doing all in our power to ensure that people in our care have a protective and supportive environment. We were founded to alleviate pain, want and misery. We have tried to do this through our work in health care, education, child care, social and pastoral work. Despite our evident failures which we deeply regret we are committed to continuing that work in partnership with many others in the years ahead.

Sr Breege O’Neill, then Congregational Leader of the Sisters of Mercy, told the Investigation Committee that the Congregation hoped that the apology would ease the pain and trauma of former residents, and help to restore their relationship with the Congregation. She said that the apology was not successful, because it was perceived as being conditional or incomplete. After the apology, the amount of litigation involving the Congregation increased, and the Sisters felt that this inhibited them in their dealings with former residents.

On 5th May 2004, the Congregation issued a second apology, the circumstances of which are discussed in full in the General Chapter on the Sisters of Mercy.

Sr Breege O’Neill also discussed the reasons the Congregation became involved in the Redress Scheme: Our decision to become involved in the Redress Scheme, it came out of, I think, all of what I have said up to now. Out of the experience for four years of trying to respond in the different arenas to what was coming to us. I am talking about the litigation. I am talking about the Commission. But also knowing that in some way those of themselves were not going to bring closure ... Our decision was also informed by a pragmatism in relation to the litigation. The sense that long drawn out litigation proceedings would be what we would be putting our energy into for years and years and years. Our decision to become involved in the Redress was not informed by an assessment of the potential outcome of each individual case. It was a scheme the Government announced. They invited our contribution or our involvement in it and we welcomed that ... But it wasnt an easy decision for the Congregation to take at the time because there were many voices holding different views and we had to in some way come to our own place of resting with it as being the best way forward at this time. That we did. Out of that the decision was taken that we would contribute.

The Good Shepherd Sisters had four industrial schools in Cork, Waterford, Limerick and Wexford, as well as a reformatory school in Limerick.

The Congregation did not issue a public apology: We have not issued a public apology, no, but when we have met ex-residents and talking to them and listening to how it was for them and how they experienced it, you know, it has really saddened us a lot and we, like, we would always say, well, look, we are really sorry that these are your memories, that this is how it is, that this was your experience, we are really sorry about that.