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Chapter 1 — Establishment of the Commission

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The move to Glin

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He continued: And, of course, the most important thing, I suppose, was it was going to be set up on a statutory basis, which we hadnt been able to do. Maybe, just to say also we were aware that because of the serious nature of the complaints that had come, it was very difficult to make a judgment about these. The Redress Scheme was not going to make a judgment on those. We found particularly ourselves that a lot of the people being accused were dead ... And a lot of people that had complaints against them were denying them vigorously, Brothers were denying them vigorously. We were in the middle with an allegation and a person who was saying this did not happen. We had many Brothers who had spent, say, three or four years in institutions and then subsequently had spent, maybe, 30 to 40 years teaching outside the institutions. During their time in the schools, there had been no complaints against them, but subsequent to the apologies, allegations had come. So we felt that long drawn-out process of legal litigation would not help anyone. So because of that, we were quite happy to join with the Congregations in supporting the Government scheme. When the Taoiseach in October of 2000 announced in principle anyway that he was going to establish a body to compensate people, quite quickly we got an additional 380 complaints. By the time the Agreement was signed, we had roughly about 800 complaints, 791 potential complaints ... So we felt that the Redress Scheme was an opportunity to assist those who had been in institutions to come to closure in a difficult experience that they had had ... Also, that it wasnt making a judgment because – judging something that took place 40, 50, 60 years ago was very difficult to judge. So, in a sense, what we would feel is that from the very beginning of child abuse coming to our attention in 1990, we have tried to be proactive in setting in place structures that would assist people to come forward and would help them to come to terms with the experience of abuse that they have suffered. We also put in place supports for people who were accused of abuse, who were traumatised by the allegations of abuse and the fact of setting up independent advisory panels and child protection services helped us in doing that.

Religious Congregations’ evidence

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The Daughters of Charity of St Vincent de Paul operated one industrial school, four orphanages, five centres for people with intellectual disability, an orthopaedic residential children’s hospital, and a mother and baby home.

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The Daughters of Charity of St Vincent de Paul operated one industrial school, four orphanages, five centres for people with intellectual disability, an orthopaedic residential children’s hospital, and a mother and baby home.

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Sr Catherine Mulligan, a former Provincial Leader of the Congregation, stated that the Congregation did not give a public apology for the following reason: that was a considered stance on our part, again because of what we considered to be the lower number of cases against any particular institution and ... having gathered the information that we gathered, we could not say that we ran an abusive system.

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Sr Catherine Mulligan, a former Provincial Leader of the Congregation, stated that the Congregation did not give a public apology for the following reason: that was a considered stance on our part, again because of what we considered to be the lower number of cases against any particular institution and ... having gathered the information that we gathered, we could not say that we ran an abusive system.

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However, the Congregation did contribute to the Redress Scheme, and Sr Mulligan gave reasons for this. She said: I think there was a general feeling that we should become part of that insofar as we could. We were invited by the Government to become part of it and I don’t think there was any sort of hesitancy about becoming part of it.

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However, the Congregation did contribute to the Redress Scheme, and Sr Mulligan gave reasons for this. She said: I think there was a general feeling that we should become part of that insofar as we could. We were invited by the Government to become part of it and I don’t think there was any sort of hesitancy about becoming part of it.

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The Sisters of Our Lady of Charity of Refuge operated an industrial school in Drumcondra in Dublin, and a reformatory school at St Anne’s, Kilmacud, Dublin.

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The Sisters of Our Lady of Charity of Refuge operated an industrial school in Drumcondra in Dublin, and a reformatory school at St Anne’s, Kilmacud, Dublin.

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Sr Lucy Bruton gave evidence on behalf of the Congregation, and reiterated that they wanted to be associated with the CORI apology of January 2002, which stated: We accept that some children in residential institutions managed by our members suffered deprivation, physical and sexual abuse. We regret that, we apologise for it. We can never take away the pain experienced at the time by these children nor the shadow left over their adult lives. Today the congregations with the State are giving a concrete expression of their genuine desire to foster healing and reconciliation in the lives of former residents.

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Sr Lucy Bruton gave evidence on behalf of the Congregation, and reiterated that they wanted to be associated with the CORI apology of January 2002, which stated: We accept that some children in residential institutions managed by our members suffered deprivation, physical and sexual abuse. We regret that, we apologise for it. We can never take away the pain experienced at the time by these children nor the shadow left over their adult lives. Today the congregations with the State are giving a concrete expression of their genuine desire to foster healing and reconciliation in the lives of former residents.

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She added that: At that time this expressed for us the feeling we had for people, complainants, and for people who felt they had been abused or badly treated and we associate ourselves positively with that statement today. We also welcome the reconciliation aspect of the Commission and we hope that this would help us to move forward and move on.

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She added that: At that time this expressed for us the feeling we had for people, complainants, and for people who felt they had been abused or badly treated and we associate ourselves positively with that statement today. We also welcome the reconciliation aspect of the Commission and we hope that this would help us to move forward and move on.

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Sr Bruton gave a number of reasons why the Congregation decided to be part of the Redress Scheme: First of all, CORI invited us to be part of the group of 18 Religious Orders who were involved in childcare and the Government invited that group to participate and contribute to the Redress Fund and in solidarity we decided to participate in the scheme ... We were conscious of the five litigation cases that were pending against us at that time and obviously we felt I suppose because there were some that we might hear of others. We felt that it would be easier and quicker and less adversarial than the court process. We would have indemnity following on the litigation which would mean that funds that would be contributed would be directed towards former residents rather than in legal costs and in long trials. We felt that it would give a measure of closure and that we would be enabled to move forward without the long process of legal trials which are hard to prove either way and particularly with so many of the people involved not actually being there.

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Sr Bruton gave a number of reasons why the Congregation decided to be part of the Redress Scheme: First of all, CORI invited us to be part of the group of 18 Religious Orders who were involved in childcare and the Government invited that group to participate and contribute to the Redress Fund and in solidarity we decided to participate in the scheme ... We were conscious of the five litigation cases that were pending against us at that time and obviously we felt I suppose because there were some that we might hear of others. We felt that it would be easier and quicker and less adversarial than the court process. We would have indemnity following on the litigation which would mean that funds that would be contributed would be directed towards former residents rather than in legal costs and in long trials. We felt that it would give a measure of closure and that we would be enabled to move forward without the long process of legal trials which are hard to prove either way and particularly with so many of the people involved not actually being there.


Footnotes
  1. Commission to Inquire into Child Abuse, Initial Report on Terms of Reference, 7th September 1999.
  2. Commission to Inquire into Child Abuse, Report on Terms of Reference, 14th October 1999.
  3. Amendments were also made by the Residential Institutions Redress Act, 2002: See Section 32.
  4. Section 1 of the Principal Act, as amended by section 3 of the 2005 Act.
  5. Section 15(1) of the Principal Act, as amended by section 10 of the 2005 Act.
  6. Section 16 of the Principal Act as amended by section 11 of the 2005 Act.
  7. Section 4(6) as substituted by section 4 of the 2005 Act.
  8. Section 12(1) of the Principal Act, as amended by section 7 of the 2005 Act.
  9. Section 12(1)(d)(iii), as amended by section 7(c) of the 2005 Act.
  10. Section 14, as amended by section 9 of the 2005 Act.
  11. Section 14(1)(a) of the Principal Act.
  12. Section 14(1)(b)–(d) of the Principal Act.
  13. Section 14(1)(e) of the Principal Act.
  14. Section 14(8) of the Principal Act, as inserted by section 9 of the 2005 Act.
  15. Section 14(9) of the Principal Act, as inserted by section 9 of the 2005 Act.
  16. Section 14(11) of the Principal Act, as inserted by section 9 of the 2005 Act.
  17. Section 14(10) of the Principal Act, as amended by section 9 of the 2005 Act.
  18. Section 14(14) of the Principal Act, as inserted by section 9 of the 2005 Act.
  19. Section 14 of the Principal Act, as amended by section 9 of the 2005 Act.
  20. Section 13 of the Principal Act, as amended by section 8 of the 2005 Act.
  21. Section 1(1) of the Principal Act.
  22. ‘Dear Daughter’ was a dramatised programme broadcast in 1996 by RTE which featured Goldenbridge Industrial School.
  23. There were three programmes broadcast by RTE in 1999 in the ‘States of Fear’ series: ‘Industrial Schools and Reformatories from the 1940s–1980s’, ‘The Legacy of Industrial Schools’, and ‘Sick and Disabled Children in Institutions’.
  24. Under the terms of the indemnity agreement reached with the Religious Congregations on 5th June 2002, the Congregations agreed to make a contribution of €128 million towards the redress scheme. This was broken down as follows: cash contribution €41.14 million; provision of counselling services €10 million and property transfers €76.86 million.
  25. An organisation funded by the Congregations that provides counselling for persons who have been abused by religious Orders and Congregations.
  26. This is dealt with in full in the chapter on St Joseph’s Industrial School, Greenmount.
  27. This is a pseudonym.
  28. Cork VEC – Cork Vocational Education Committees.
  29. FÁS – Training and employment authority.
  30. See Third Interim Report, chapter 4.