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Chapter 1 — Establishment of the Commission

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Religious Congregations’ evidence

141

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.

Physical abuse

142

However, the Order did contribute to the Redress Fund. Fr Whitmore outlined the reasons why, as follows: There are a number of reasons. One is the way in which we felt a lot of this could go without something like the Redress Board was that it could get into litigation that would be an adversarial system, that the people who were coming forward with accusations were vulnerable people who had difficulties with life in general, and neither for themselves nor for ourselves or anyone else would a long process involving court appearances and denials and statements and so on and so forth have been beneficial to anybody, so we felt that a process which would try to ascertain the truth without going through what could have been very difficult processes for all concerned would have been a better way to go. We also felt that we should act in solidarity with other religions at the time. The indemnity was also an attractive proposition. They would be the principal reasons.

142

However, the Order did contribute to the Redress Fund. Fr Whitmore outlined the reasons why, as follows: There are a number of reasons. One is the way in which we felt a lot of this could go without something like the Redress Board was that it could get into litigation that would be an adversarial system, that the people who were coming forward with accusations were vulnerable people who had difficulties with life in general, and neither for themselves nor for ourselves or anyone else would a long process involving court appearances and denials and statements and so on and so forth have been beneficial to anybody, so we felt that a process which would try to ascertain the truth without going through what could have been very difficult processes for all concerned would have been a better way to go. We also felt that we should act in solidarity with other religions at the time. The indemnity was also an attractive proposition. They would be the principal reasons.

143

The Sisters of Nazareth provided services for children and the elderly in Ireland. The Sisters of Nazareth operated a residential home for boys and girls, called the Nazareth House, which was situated in County Sligo.

143

The Sisters of Nazareth provided services for children and the elderly in Ireland. The Sisters of Nazareth operated a residential home for boys and girls, called the Nazareth House, which was situated in County Sligo.

144

The Sisters of Nazareth have not issued a public apology.

144

The Sisters of Nazareth have not issued a public apology.

145

Sr Cornelia Walsh, Sister Superior of the Congregation, outlined the reasons why the Congregation contributed to the Redress Scheme: Yes, we did, we joined. As a congregation we are a member of CORI and have been for many years. And as such we were aware of and involved in the contacts between CORI and the government representatives, which culminated in the setting up of the scheme. As I said, we are one of the contributing Congregations. We welcome the Governments initiative and have been dismayed at the obvious pain felt by so many of the country’s citizens recalling a period in their lives when the pain of poverty, abandonment and loss was worsened. We consider that the Governments initiative in recognising the shared involvement of the State and those who sought to supplement and provide care which the State could not, was a very worthy one, particularly as it offered a non-adversarial and speedy avenue for those seeking and needing redress. We felt that the desire to heal and provide help was defeated by the necessary rigours of the adversarial process which was neither in the interests of the genuinely hurt and also the elderly and sick Sisters who would have been required to attend hearings. And it is for that reason that we joined the scheme.

145

Sr Cornelia Walsh, Sister Superior of the Congregation, outlined the reasons why the Congregation contributed to the Redress Scheme: Yes, we did, we joined. As a congregation we are a member of CORI and have been for many years. And as such we were aware of and involved in the contacts between CORI and the government representatives, which culminated in the setting up of the scheme. As I said, we are one of the contributing Congregations. We welcome the Governments initiative and have been dismayed at the obvious pain felt by so many of the country’s citizens recalling a period in their lives when the pain of poverty, abandonment and loss was worsened. We consider that the Governments initiative in recognising the shared involvement of the State and those who sought to supplement and provide care which the State could not, was a very worthy one, particularly as it offered a non-adversarial and speedy avenue for those seeking and needing redress. We felt that the desire to heal and provide help was defeated by the necessary rigours of the adversarial process which was neither in the interests of the genuinely hurt and also the elderly and sick Sisters who would have been required to attend hearings. And it is for that reason that we joined the scheme.

146

The Oblate Order operated Daingean Reformatory School in County Offaly [formerly Glencree] and a detention centre at Scoil Ard-Mhuire in Lusk, County Dublin.

146

The Oblate Order operated Daingean Reformatory School in County Offaly [formerly Glencree] and a detention centre at Scoil Ard-Mhuire in Lusk, County Dublin.

147

The Oblates issued a press statement following the broadcast of ‘States of Fear’ on 28th April 1999. It read: We are asked to comment on the programme “States of Fear”. We would firstly say that the abuse of young people is always abhorrent and abuse of young people in confinement is doubly so. The Oblates of Mary Immaculate deeply regret that any young man was mistreated while in their care and offer sincerest apologies. At the same time we cannot accept certain of the assertions made by the programme particularly in relation to funding. However, before commenting further, a more detailed study of the available records would be required. We are glad the point was made that many boys did experience kindness. This programme has lifted a veil on the way that disadvantaged children have been treated in Irish Society. Hopefully it will prove to be a step in a continuing work of research and healing.

147

The Oblates issued a press statement following the broadcast of ‘States of Fear’ on 28th April 1999. It read: We are asked to comment on the programme “States of Fear”. We would firstly say that the abuse of young people is always abhorrent and abuse of young people in confinement is doubly so. The Oblates of Mary Immaculate deeply regret that any young man was mistreated while in their care and offer sincerest apologies. At the same time we cannot accept certain of the assertions made by the programme particularly in relation to funding. However, before commenting further, a more detailed study of the available records would be required. We are glad the point was made that many boys did experience kindness. This programme has lifted a veil on the way that disadvantaged children have been treated in Irish Society. Hopefully it will prove to be a step in a continuing work of research and healing.

148

Fr Tom Murphy, a member of the Order, said that the Oblates contributed to the Redress Scheme because: We felt that the redress procedure was best for the claimants and that it was better that the money should go to them rather than for legal expenses. We also felt very strongly that this would be and should be a pastoral reaction, a pastoral action if you like, in relation to the whole question of abuse. We also saw a certain value in being one in solidarity with other religious Congregations who were supporting the contribution. It would also save surviving members, now elderly, and staff members from the trauma of maybe long, litigious lawsuits. And it would also sort of avoid any excessively adversarial modes of civil courts which would give rise to further alienation of claimants. In addition we hope that it would speed up and facilitate a process of closure around this whole question. We also needed to justify pledging funds that we held for our mission for this special purpose of contributing, and after legal advice which we felt we had to have, we made the contribution.

148

Fr Tom Murphy, a member of the Order, said that the Oblates contributed to the Redress Scheme because: We felt that the redress procedure was best for the claimants and that it was better that the money should go to them rather than for legal expenses. We also felt very strongly that this would be and should be a pastoral reaction, a pastoral action if you like, in relation to the whole question of abuse. We also saw a certain value in being one in solidarity with other religious Congregations who were supporting the contribution. It would also save surviving members, now elderly, and staff members from the trauma of maybe long, litigious lawsuits. And it would also sort of avoid any excessively adversarial modes of civil courts which would give rise to further alienation of claimants. In addition we hope that it would speed up and facilitate a process of closure around this whole question. We also needed to justify pledging funds that we held for our mission for this special purpose of contributing, and after legal advice which we felt we had to have, we made the contribution.


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.