Chapter 1 — Establishment of the Commission

Physical abuse

Sr Rogers stated that the Congregation contributed to the Redress Scheme for the following reasons: ... we felt that we would be assisting people who had been in our care during their childhood and who are now experiencing difficulties in their lives. We believe that the Redress Scheme presented an opportunity for ending litigation in a quicker and in a less adversarial manner than would be the case in court. We wanted at all costs to avoid a confrontation situation if that were possible. We also believe that the money expended by the Congregation would go directly to the residents rather than be absorbed by legal fees. We were aware that the Redress Scheme was going to have a far lower threshold of proof than the courts in that no blame was going to be apportioned to any individual or institution as a result of that.

Religious Congregations’ evidence

Sr Rogers stated that the Congregation contributed to the Redress Scheme for the following reasons: ... we felt that we would be assisting people who had been in our care during their childhood and who are now experiencing difficulties in their lives. We believe that the Redress Scheme presented an opportunity for ending litigation in a quicker and in a less adversarial manner than would be the case in court. We wanted at all costs to avoid a confrontation situation if that were possible. We also believe that the money expended by the Congregation would go directly to the residents rather than be absorbed by legal fees. We were aware that the Redress Scheme was going to have a far lower threshold of proof than the courts in that no blame was going to be apportioned to any individual or institution as a result of that.

The Presentation Sisters operated two industrial schools, St Francis’s Industrial School, Cashel, County Tipperary, and St Bernard’s Industrial School, Dundrum, County Tipperary, which later moved to Fethard in County Tipperary. The Presentation Sisters in Ireland continue to have strong links with both primary and post-primary schools.

The Presentation Sisters operated two industrial schools, St Francis’s Industrial School, Cashel, County Tipperary, and St Bernard’s Industrial School, Dundrum, County Tipperary, which later moved to Fethard in County Tipperary. The Presentation Sisters in Ireland continue to have strong links with both primary and post-primary schools.

Sr Claude Meagher, Provincial of the South East Province of the Congregation, informed the Committee that the Sisters decided to contribute to the Redress Scheme because: CORI invited the Congregations to participate and, I suppose, there was quite a lot of discussion and reflection went into that, and we made a decision because we had those two industrial schools and we were aware that claims were now being initiated by former residents, those made over the phone and those who had looked for records. We were aware too that in one of the institutions certainly, the regime might have been described as harsh, but the building and all about it prior to 1954, it wouldnt meet present standards or anything near present standards, but renovation was done there in 1974. I suppose our own enquiries and reading records would lead us to believe that the School wasn’t adequate, so we feel that people would have suffered there, they may have suffered ... I suppose we believe too that protracted litigation isnt in anybodys interest and we know there would be huge difficulty, on the advice of our legal advisers, in following cases that are dating back to the past, particularly where the Sisters who may have been involved are dead and it is difficult to establish what happened. So in that sense we would feel it is important we would be part of the Government Redress Scheme. I suppose there would be considerable expenses involved in that, and that it is better to maybe direct the money to the Redress Scheme rather than maybe trying to pursue legal issues in court.

Sr Claude Meagher, Provincial of the South East Province of the Congregation, informed the Committee that the Sisters decided to contribute to the Redress Scheme because: CORI invited the Congregations to participate and, I suppose, there was quite a lot of discussion and reflection went into that, and we made a decision because we had those two industrial schools and we were aware that claims were now being initiated by former residents, those made over the phone and those who had looked for records. We were aware too that in one of the institutions certainly, the regime might have been described as harsh, but the building and all about it prior to 1954, it wouldnt meet present standards or anything near present standards, but renovation was done there in 1974. I suppose our own enquiries and reading records would lead us to believe that the School wasn’t adequate, so we feel that people would have suffered there, they may have suffered ... I suppose we believe too that protracted litigation isnt in anybodys interest and we know there would be huge difficulty, on the advice of our legal advisers, in following cases that are dating back to the past, particularly where the Sisters who may have been involved are dead and it is difficult to establish what happened. So in that sense we would feel it is important we would be part of the Government Redress Scheme. I suppose there would be considerable expenses involved in that, and that it is better to maybe direct the money to the Redress Scheme rather than maybe trying to pursue legal issues in court.

The Sisters of St Louis operated one industrial school, St Marthas Industrial School in Bundoran, County Donegal. Sisters from the Congregation also worked at St Joseph’s Orphanage in Bundoran, which was under diocesan management. The St Louis Sisters are involved in primary and post-primary education in Ireland.

The Sisters of St Louis operated one industrial school, St Marthas Industrial School in Bundoran, County Donegal. Sisters from the Congregation also worked at St Joseph’s Orphanage in Bundoran, which was under diocesan management. The St Louis Sisters are involved in primary and post-primary education in Ireland.

The Sisters of St Louis have not issued a public apology.

The Sisters of St Louis have not issued a public apology.

Sr Noreen Shankey, Regional Leader for Ireland, outlined the reasons why the Congregation contributed to the Redress Scheme: central to our participation in the Redress Scheme was a desire to prevent the ordeal of past residents and ourselves having to go through the courts. As I mentioned, we had no cases against us until after the Taoiseachs apology and the redress had been announced. We also felt that the way of redress was a more humane way and that it would lead in the direction of healing and reconciliation, and I welcome this emphasis with the present Commission and the approach you are taking. We were also advised by our legal people of the difficulty of prosecuting cases of this nature before the courts, we could have long drawn out cases. Because the events happened so long ago and with the Statute of Limitations, most of the people are dead, in fact all except one person. We felt that the money would be better spent on redress than in legal fees. There was also an element of support from the other congregations because these discussions were already underway when we joined in, there were already 12 Congregations, so we came in late in the day, but there was a supportive element being with the other Congregations as well as learning from their experience. There was also the advantage that if people went to redress, we would be indemnified against other claims in the courts.

Sr Noreen Shankey, Regional Leader for Ireland, outlined the reasons why the Congregation contributed to the Redress Scheme: central to our participation in the Redress Scheme was a desire to prevent the ordeal of past residents and ourselves having to go through the courts. As I mentioned, we had no cases against us until after the Taoiseachs apology and the redress had been announced. We also felt that the way of redress was a more humane way and that it would lead in the direction of healing and reconciliation, and I welcome this emphasis with the present Commission and the approach you are taking. We were also advised by our legal people of the difficulty of prosecuting cases of this nature before the courts, we could have long drawn out cases. Because the events happened so long ago and with the Statute of Limitations, most of the people are dead, in fact all except one person. We felt that the money would be better spent on redress than in legal fees. There was also an element of support from the other congregations because these discussions were already underway when we joined in, there were already 12 Congregations, so we came in late in the day, but there was a supportive element being with the other Congregations as well as learning from their experience. There was also the advantage that if people went to redress, we would be indemnified against other claims in the courts.

The Order of St John of God operated a day and residential school for children with learning disabilities at St Augustine’s in Blackrock, County Dublin and other institutions. In Ireland, the Order provides mental health services, care for older people, and services for children and adults with disabilities.

The Order of St John of God operated a day and residential school for children with learning disabilities at St Augustine’s in Blackrock, County Dublin and other institutions. In Ireland, the Order provides mental health services, care for older people, and services for children and adults with disabilities.

Fr Fintan Whitmore, Provincial of the Order, said that the Order had not issued a public apology: No, no. We have not been able to establish as a fact that what was said has actually happened. Therefore, we have no way of corroborating that. There have been no convictions, there have been no proceedings that have arrived at any court processes and so on in relation to that, and nobody has come forward with a confession that these things have happened or that they were perpetrators of these acts within our own organisation. What we would say though, and I think what we have said in most cases, in all cases I would say if it were true that abuse had taken place, then it is a most regrettable thing and we would regret that any such happening could have happened or, indeed, that anything could have happened to people that would leave them disturbed as a result of being in treatment or in care with us or during their time with us.