Chapter 1 — Establishment of the Commission

Religious Congregations’ evidence

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.

In 1999, the Rosminians issued a public statement: The members of the Rosminian Institute are saddened and shamed that young people in our care were abused by members of our Order. We deeply regret not only the abuse but also the shadow cast on the lives of those abused. We abhor all mistreatment of children and we wish to express our profound sorrow.

Fr Joseph O’Reilly, giving evidence on 30th June 2004, said that the Order made that statement because they felt it was the right thing to do: Fundamentally we felt it was simply the right thing to do and it was something over which we had no option to do.

The Order was aware that children had been abused in at least one of their institutions in 1979: That was one of the reasons why we obviously felt that we would have to apologise.

Fr O’Reilly told the Committee that the Order contributed to the Redress Fund because: We believed it was the right thing to do, it was the just thing to do, it was the natural thing when you recognise that you have been part of something that has caused hurt and pain to people in the past, thats fairly inescapable. I think there was a recognition on our part that to go another route that seemed to be the only other route available at the time in terms of litigation and going to the High Court, we felt that that would be disastrous for all concerned.

He continued: I mentioned that we felt that the option of going through the High Court and denying -- I am not sure of the technical word -- denying complaints against us and being involved in that process, we felt that would not be the right way to go and it would be disastrous for all concerned. We felt it would be a hurtful, harmful way for all concerned ... We were advised it would have meant years, maybe a lot more years than anybody knew at the time ... Years of having to appear in court and putting people through questioning and cross-examination, and trying to provide proof on this, that and the other ... From our end we dont have the personnel to do that. We didnt have the inclination to do that. We felt also that we didnt have the finances to do that in a way. We also felt that it would not be at all consistent with what we had said by way of apology. It would not be consistent with the type of relationship that we had with many past pupils. Not with all admittedly. We did not want people to have to suffer on through that type of system ... It seemed that it would have been cruel to consider those type of things. We wanted to be involved in the process and we perceived the Redress Board as process that would offer a degree of healing, you know. Because it offered the opportunity for things to be dealt with in a short enough period of time in comparison to other options, and in a process that wasnt adversarial. So we felt it offered much more of an opportunity for healing and, perhaps not reconciliation, but certainly we would have been guided by the maxim of do no more harm. Do no more harm.

The Rosminian Institute approached this issue, conscious of the obligations and of the difficulties, but also believing in the benefits that would accrue to victims, its own members and to the Order. In adopting this approach and pursuing it throughout the Inquiry, the Rosminian Institute was unique, and its senior management and its members deserve acknowledgment and appreciation in that respect.

The Dominican Fathers have a long tradition in education in Ireland. They operate a number of schools throughout the country. They had one institution, an orphanage at Dominic Street, Dublin known as St Xavier’s Boys Home. It closed in 1993, and the Order received their first complaint in relation to this institution in 1995. Two further complaints emerged later that year and, in 2001, legal proceedings were instituted by six former residents.