Chapter 1 — Establishment of the Commission

State evidence

Mr Boland discussed the indemnity agreement24 with Religious Congregations and issues of apportionment of liability. He said that the Governments action in setting up the scheme was not motivated to any significant extent by considerations of legal liability or culpability: the Government determined upon a redress scheme with an approach that said this was to be done regardless of the involvement of anybody else. And it was to be done by the State paying for full compensation. This was seen as an issue for Irish society. It was an issue that had to be dealt with fully and firmly for once and for all. Therefore, the most effective way in which Government could achieve that was that to take responsibility for it, and that is what it did. So the scheme was to be fully funded by the State. That was the starting position. And full awards were to be paid.

He explained to the Committee how the Congregations became involved in making a contribution to the scheme: Clearly there would always be a difficulty in the minds of many people, not least those who had suffered abuse, if the Congregations had no involvement at all in the compensation scheme. Therefore it was felt as a policy objective desirable that they would be involved. And in fairness to them they said quite early on that they would like to make a meaningful contribution to the scheme. That was finally decided with them and Government made a decision on that basis. But the scheme was going ahead in any event.

The indemnity agreement between the State and CORI provided for the 18 Religious Congregations to make a contribution of €128 million to the Residential Institutions Redress Fund. In return, the Government agreed to grant an indemnity to the Religious Congregations that were parties to the agreement. However, the indemnity agreement of 5th June 2002 was not based on any apportionment of responsibility for abuse.

Dr Michael Woods was appointed Minister for Education and Science on 27th January 2000, at which stage the Taoiseach had issued his apology and the decision had been taken to establish the Commission to Inquire into Child Abuse. During his time as Minister for Education and Science, Dr Woods was responsible for bringing proposals to Government regarding the Redress Scheme, subsequently the Act of 2002 and the indemnity agreement with the Religious Congregations.

Dr Woods gave evidence at the Emergence hearings, where he noted that Mr Boland had dealt comprehensively with the Redress Scheme in his evidence but commented briefly on the matter himself. He told the Investigation Committee that the more he became involved in the process following his appointment as Minister for Education and Science, the more he became ‘acutely aware of the issues and the problems which were faced by the victims’. Dr Woods said ‘that the early establishment of the scheme was seen as (a) greatly reducing the stress of survivors of abuse and, (b) it was to facilitate the progress of the Commission’. He said that the involvement of the Congregations was seen by the State as a desirable policy objective but stressed: as far as the State was concerned it was very firm in its decision that the State was going ahead in any event with the Redress Scheme. That it was the right way to go.

Dr Woods said that part of the Governments desire to get the Congregations to contribute was to bring about a situation where there was closure to the whole issue of past institutional abuse.

Religious Congregations’ evidence

The two major topics for the Religious Congregations at the Emergence hearings were the contributions they made to the State Redress fund of compensation to victims and the apologies that many of them issued. Contributions to the State fund posed much less of an issue or a problem for them than the question of apology. They were largely in agreement on compensation. Negotiations were carried out on their behalf by the Conference of Religious of Ireland (CORI), which is an umbrella organisation for the various Religious Congregations in Ireland. The agreement reached was favourable to the Religious Congregations, but the Investigation Committee was not concerned with the wisdom or reasonableness of the agreement reached.

It might have been thought that Congregations who contributed to the fund were in effect conceding that there had been some abuse in their institutions. The agreement did not require them to do so, but the mere fact of payment into the fund, in return for an indemnity in respect of any actions that might be taken, could have been regarded as an expression of some kind of admission or acknowledgement, but it was said not to be the case.

The position with regard to apologies was more complicated. Some Congregations issued apologies and some did not. Those that issued apologies used a variety of different expressions. Through their spokespersons, they testified to the good intentions that lay behind the apologies. Some of the apologies were more effective than others in meeting the needs of survivor groups.

Congregations were fearful that what they said in order to assuage the feelings of victims of abuse might be used to damage them, as they saw it. Their words might be taken as concessions or admissions as to events that were alleged to have happened. The aims of acknowledging past wrongs and assuaging feelings of victims are at odds with the desire to avoid admissions and concessions about abuse. Most of the apologies reflected tension between these objectives, and were largely unsatisfactory as a result.

The attitude of many of the Congregations was conditional. If their members committed abuse, they expressed regret for it. They did not accept Congregational responsibility for any abuse that happened. As to whether abuse had actually happened, they said they were leaving that to the Commission to establish, because that was the function of the Commission, and because they had contradictory information on the claims of complainants and in the responses of their own members.

On 31st January 2002, CORI issued a general apology on behalf of its members: 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.

The Investigation Committee at the Emergence hearings heard evidence from representatives of the following Religious Congregations that had contributed to the Redress Fund: The Rosminian Institute of Charity The Dominican Order The Sisters of Mercy Our Lady of Charity of the Good Sheperd The Presentation Brothers The Religious Sisters of Charity The Christian Brothers The Daughters of Charity of St Vincent de Paul The Sisters of Our Lady of Charity of Refuge The Brothers of Charity The Daughters of the Heart of Mary The De La Salle Brothers The Sisters of St Clare The Presentation Sisters The Sisters of St Louis The Hospitaller Order of St John of God The Sisters of Nazareth The Oblates of Mary Immaculate.

These representatives were examined as to the reasons underpinning the decision taken by the Congregations to issue an apology, if they did so, and the reasons they contributed to the Redress Fund, if they did so. The Investigation Committee also heard evidence during the Emergence hearings from representatives of Congregations involved in the management, care and control of institutions that were not the subject of its investigations into individual institutions.

The Rosminian Order operated two industrial schools, one at Upton in County Cork and the other at Ferryhouse in County Tipperary, as well as a School for the Blind at Drumcondra in Dublin. They had two post-primary schools, one in Omeath and one in Dublin. They also developed a retirement home for blind men in Drumcondra, and a centre in Cork for adults with learning disabilities.