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Chapter 1 — Establishment of the Commission

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The move to Glin

127

The Congregation had not issued a public apology. Sr Anne Boland, Provincial of the Daughters of the Heart of Mary, gave evidence to the Emergence hearings that, in 1971, a resident of one of the schools disclosed to the Sisters that she had been sexually abused by a man who, along with his wife, took some of the girls out for weekends. The Sisters reported the matter to the Gardaí. In 1997, a former resident instituted legal proceedings alleging abuse against a visiting priest. The Sisters believe that this priest was convicted of charges relating to the abuse.

Religious Congregations’ evidence

128

The Congregation contributed to the Redress Fund. Sr Boland stated: when the Redress Scheme was being drawn up, at that time we had one set of allegations against us, and we also had a number of records or requests for records, small in number, asking for records. In view of the fact that we had over 2,000 children in our care down through the years, we felt more claims could come in. But I would have to say also we found there were very few. At that point, there was only one allegation. Since then, two other allegations have come to us and we felt the best way to compensate, even though we realise the care was good, and, you know, that would be from talking to the Sisters and, indeed, from the past children, that it was a place that they were happy in. But, nonetheless, we felt we could not meet their needs in a way that an ordinary family would. So in order to redress that or compensate, we felt it would be better to go down the line of entering the Redress Scheme. It would be less adversarial or conflictual to them and to us for them to have to come or to put a claim for money to us individually. So that is really why we entered the Redress Scheme.

128

The Congregation contributed to the Redress Fund. Sr Boland stated: when the Redress Scheme was being drawn up, at that time we had one set of allegations against us, and we also had a number of records or requests for records, small in number, asking for records. In view of the fact that we had over 2,000 children in our care down through the years, we felt more claims could come in. But I would have to say also we found there were very few. At that point, there was only one allegation. Since then, two other allegations have come to us and we felt the best way to compensate, even though we realise the care was good, and, you know, that would be from talking to the Sisters and, indeed, from the past children, that it was a place that they were happy in. But, nonetheless, we felt we could not meet their needs in a way that an ordinary family would. So in order to redress that or compensate, we felt it would be better to go down the line of entering the Redress Scheme. It would be less adversarial or conflictual to them and to us for them to have to come or to put a claim for money to us individually. So that is really why we entered the Redress Scheme.

129

The De La Salle Brothers had significant experience of residential care in England. They first became involved in residential care in Ireland in 1972, when St Laurence’s School in Finglas in Dublin was opened. They were involved in the school until 1994. The De La Salle Brothers also operate numerous primary and post-primary schools throughout the country.

129

The De La Salle Brothers had significant experience of residential care in England. They first became involved in residential care in Ireland in 1972, when St Laurence’s School in Finglas in Dublin was opened. They were involved in the school until 1994. The De La Salle Brothers also operate numerous primary and post-primary schools throughout the country.

130

The De La Salle Brothers considered issuing a public apology but decided against it, preferring instead to issue individuals apologies. Br Pius McCarthy, the Provincial Secretary of the Order, gave evidence at the Emergence hearings: After the Christian Brothers made their apology, we thought about something similar, we questioned whether we should do it or not, but we decided against it, we decided to deal with each case individually, because at the time there was the Garda investigation going on and we werent quite sure what the outcome would be. We felt that by making an apology, we might be indicating or influencing one way or the other. So we have apologised in individual cases where somebody has come to us and said that they were abused. We just decided that it would be better not to go down the road of a public apology.

130

The De La Salle Brothers considered issuing a public apology but decided against it, preferring instead to issue individuals apologies. Br Pius McCarthy, the Provincial Secretary of the Order, gave evidence at the Emergence hearings: After the Christian Brothers made their apology, we thought about something similar, we questioned whether we should do it or not, but we decided against it, we decided to deal with each case individually, because at the time there was the Garda investigation going on and we werent quite sure what the outcome would be. We felt that by making an apology, we might be indicating or influencing one way or the other. So we have apologised in individual cases where somebody has come to us and said that they were abused. We just decided that it would be better not to go down the road of a public apology.

131

The Order contributed to the Redress Scheme for the following reasons: In April 2001, we were invited by CORI to become part of the group of congregations who were then negotiating with the State with regard to making a contribution to the compensation scheme that had been announced in October 2000. The Congregations who were negotiating had agreed in principle to make a contribution to the scheme and details of the same were being discussed. We were approached, because there was at that time litigation in existence relating to Finglas Children’s Centre, and even though we didnt own the centre nor did we manage it in the strict sense, the Resident Manager was a De La Salle Brother throughout the years and we had an involvement in administration and also De La Salle Brothers had worked in it ... We were also aware that some of the complaints made were specifically directed towards members of the Congregation. At the time we were approached by CORI, we were aware of eight claims arising from the centre. Really we were made aware of them by CORI, they got the information for us. We were advised that any contribution made by the Congregations would be in consideration of an indemnity from the State and this would bring some certainty with regard to future litigation. We were also aware of the ongoing Garda investigation into St. Laurences which began in 1995 ... Also, we had come into the negotiations at a late stage and accordingly we were guided to some extent by what the other Congregations had done and we also wanted to show solidarity with them.

131

The Order contributed to the Redress Scheme for the following reasons: In April 2001, we were invited by CORI to become part of the group of congregations who were then negotiating with the State with regard to making a contribution to the compensation scheme that had been announced in October 2000. The Congregations who were negotiating had agreed in principle to make a contribution to the scheme and details of the same were being discussed. We were approached, because there was at that time litigation in existence relating to Finglas Children’s Centre, and even though we didnt own the centre nor did we manage it in the strict sense, the Resident Manager was a De La Salle Brother throughout the years and we had an involvement in administration and also De La Salle Brothers had worked in it ... We were also aware that some of the complaints made were specifically directed towards members of the Congregation. At the time we were approached by CORI, we were aware of eight claims arising from the centre. Really we were made aware of them by CORI, they got the information for us. We were advised that any contribution made by the Congregations would be in consideration of an indemnity from the State and this would bring some certainty with regard to future litigation. We were also aware of the ongoing Garda investigation into St. Laurences which began in 1995 ... Also, we had come into the negotiations at a late stage and accordingly we were guided to some extent by what the other Congregations had done and we also wanted to show solidarity with them.

132

The Sisters of St Clare, or the Poor Clares as they were also known, operated two institutions, an industrial school in Cavan and a private orphanage at Harold’s Cross, with a primary school and a commercial school attached.

132

The Sisters of St Clare, or the Poor Clares as they were also known, operated two institutions, an industrial school in Cavan and a private orphanage at Harold’s Cross, with a primary school and a commercial school attached.

Physical abuse

133

They did not issue a public apology. Sr Patricia Rogers, Congregational Leader, outlined the reasons for this as follows: We have not issued a public apology, but we have associated ourselves with the CORI apology, because we would accept that for many years the daily routine in the institutions, they just didnt take account of the needs of children. The life was too regulated and too disciplined to allow for differences in their physical and emotional development. While Sisters and the lay staff who worked in the institutions made attempts to improve the physical surroundings in which the children lived, it seems clear that there was less understanding of the children’s need for affection and emotional support ... The State provided very little at that time by way of support services, and access to psychologists and social workers was very limited. I think as a result of that, both the children and their carers suffered.

133

They did not issue a public apology. Sr Patricia Rogers, Congregational Leader, outlined the reasons for this as follows: We have not issued a public apology, but we have associated ourselves with the CORI apology, because we would accept that for many years the daily routine in the institutions, they just didnt take account of the needs of children. The life was too regulated and too disciplined to allow for differences in their physical and emotional development. While Sisters and the lay staff who worked in the institutions made attempts to improve the physical surroundings in which the children lived, it seems clear that there was less understanding of the children’s need for affection and emotional support ... The State provided very little at that time by way of support services, and access to psychologists and social workers was very limited. I think as a result of that, both the children and their carers suffered.

134

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.

134

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.


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.