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Chapter 1 — Establishment of the Commission

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The move to Glin

120

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.

Religious Congregations’ evidence

121

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.

121

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.

122

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.

122

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.

123

The Brothers of Charity operated two schools for children with learning disabilities: Our Lady of Good Counsel, Lota in Cork, and Holy Family School in Renmore, County Galway. They also ran an adult psychiatric hospital in Belmount Park in Waterford, which included an adjacent service for adults with intellectual disabilities. A similar service for adults with learning disabilities was established in Clarinbridge in Galway, and another in Bawnmore in Limerick. Today, the Congregation is the largest provider of services for people with an intellectual disability in Ireland.

123

The Brothers of Charity operated two schools for children with learning disabilities: Our Lady of Good Counsel, Lota in Cork, and Holy Family School in Renmore, County Galway. They also ran an adult psychiatric hospital in Belmount Park in Waterford, which included an adjacent service for adults with intellectual disabilities. A similar service for adults with learning disabilities was established in Clarinbridge in Galway, and another in Bawnmore in Limerick. Today, the Congregation is the largest provider of services for people with an intellectual disability in Ireland.

124

The Brothers issued a public apology in 1995. Br John O’Shea, the Regional Leader in the Congregation, gave evidence at the Emergence hearings: We offered an apology and we offered counselling to people who had been abused while in our services, and we encouraged that other people who had been abused would go to their local Garda Station or whatever, and make their allegations known there ... I feel for us that 1995 was the watershed in the sense of our awareness that we had a fairly significant issue with abuse. I suppose because the thing came to light, there was obviously a public interest in it, and I think while I wouldnt have the exact wording for 1995, but the general sense that we had was look, this has happened. It was quite a shock to us really because it wasnt something we were prepared for, and certainly the individual incidents we would have known of previously didnt add up to a comprehensive picture, if you like, of widescale abuse. I think when we became aware of this and the fact that it was a significant issue, our apology and, again, as I say, it was in the context of maybe responding to what was at this stage in the public domain and, I suppose, maybe articulating our response to it, that was to be one where we wanted to be open about it, we wanted to encourage people who had complaints to make that it was better to get them out in the open and that there were proper channels for doing this, and we particularly encouraged people to report their allegations to the Gardaí. Because the service we provide would have resources in counselling and so on, we encouraged people that felt they needed that to look for support, if you like.

124

The Brothers issued a public apology in 1995. Br John O’Shea, the Regional Leader in the Congregation, gave evidence at the Emergence hearings: We offered an apology and we offered counselling to people who had been abused while in our services, and we encouraged that other people who had been abused would go to their local Garda Station or whatever, and make their allegations known there ... I feel for us that 1995 was the watershed in the sense of our awareness that we had a fairly significant issue with abuse. I suppose because the thing came to light, there was obviously a public interest in it, and I think while I wouldnt have the exact wording for 1995, but the general sense that we had was look, this has happened. It was quite a shock to us really because it wasnt something we were prepared for, and certainly the individual incidents we would have known of previously didnt add up to a comprehensive picture, if you like, of widescale abuse. I think when we became aware of this and the fact that it was a significant issue, our apology and, again, as I say, it was in the context of maybe responding to what was at this stage in the public domain and, I suppose, maybe articulating our response to it, that was to be one where we wanted to be open about it, we wanted to encourage people who had complaints to make that it was better to get them out in the open and that there were proper channels for doing this, and we particularly encouraged people to report their allegations to the Gardaí. Because the service we provide would have resources in counselling and so on, we encouraged people that felt they needed that to look for support, if you like.

125

Explaining why the Congregation contributed to the Redress Scheme, he stated that, prior to the Redress Scheme, the Congregation was facing approximately 50 civil claims: I suppose one of the things we felt if we were to go down a legal route, that it would be a very long and complex thing and very difficult, and maybe particularly again for people that were abused, it would be putting them through extra trauma and confrontation. Certainly our approach was that we wanted whatever we were doing to be as least confrontational as possible ... Redress would have provided an opening to us that would have many advantages that the legal route wouldnt have. I suppose taking the population that we are dealing with again, that it would be difficult for people with a disability to maybe articulate their case, particularly if it had been done in a confrontational setting ... Redress offered the more acceptable forum, if you like, for dealing with the issues that we had to deal with. I suppose another issue would be where people are denying that any abuse took place, that it also affords the person making allegations, that if they feel that they are entitled to compensation for maybe the general institutional atmosphere that they lived in or whatever hardship or deprivation might go with that, where it mightnt be a specific allegation of a particular misdemeanour by anyone.

125

Explaining why the Congregation contributed to the Redress Scheme, he stated that, prior to the Redress Scheme, the Congregation was facing approximately 50 civil claims: I suppose one of the things we felt if we were to go down a legal route, that it would be a very long and complex thing and very difficult, and maybe particularly again for people that were abused, it would be putting them through extra trauma and confrontation. Certainly our approach was that we wanted whatever we were doing to be as least confrontational as possible ... Redress would have provided an opening to us that would have many advantages that the legal route wouldnt have. I suppose taking the population that we are dealing with again, that it would be difficult for people with a disability to maybe articulate their case, particularly if it had been done in a confrontational setting ... Redress offered the more acceptable forum, if you like, for dealing with the issues that we had to deal with. I suppose another issue would be where people are denying that any abuse took place, that it also affords the person making allegations, that if they feel that they are entitled to compensation for maybe the general institutional atmosphere that they lived in or whatever hardship or deprivation might go with that, where it mightnt be a specific allegation of a particular misdemeanour by anyone.

126

The Daughters of the Heart of Mary operated one institution, St Josephs Orphanage, Dun Laoghaire from 1860 to 1985. The Sisters also operated a school, a retreat house, and two guest houses for retired women.

126

The Daughters of the Heart of Mary operated one institution, St Josephs Orphanage, Dun Laoghaire from 1860 to 1985. The Sisters also operated a school, a retreat house, and two guest houses for retired women.

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.

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.


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.