Chapter 6 — Christian Brothers

Sexual abuse

Its analysis of these cases also leads the Congregation to comment that there was no adequate understanding either of the emotional impact which sexual abuse caused the child or of the recidivistic nature of the abuser. The Congregation agreed with a suggestion by counsel for the Commission that the fact that the abuse was a crime should have been added to this list.

It was submitted by the Congregation that, while the approach to instances of sexual abuse of children was very inadequate by present-day standards, the manner in which the Congregation did respond was characterised as follows: There was no cover up of the issue. When personnel became aware of the issue they reported it to the Congregation authorities. Structures in place made it possible for boys to bring such issues to the attention of the Resident Manager or other personnel, and this in fact happened. The Congregation removed the abusers from the institution and in most cases from the Congregation. The Congregation Visitor was attentive to the dangers of sex abuse. Guidelines and recommendations were issued to assist with child protection.

In its investigations into individual schools, the Committee found that the Congregation’s response to sexual abuse fell short of the measures outlined above.

After the conclusion of the evidence given in Phases I, II and III hearings, the Congregation furnished written submissions setting out its position in relation to various aspects of the evidence heard by the Investigation Committee.

In essence, the submissions made by the Christian Brothers at this stage in relation to allegations of abuse were that the quality and reliability of the evidence given by complainants during the Phase II hearings had been undermined owing to a broad range of significant factors. The effect of these undermining factors was to render much of the evidence (particularly in respect of sexual abuse) implausible, inconsistent, contradictory, and therefore unreliable.

Assessment of evidence

The Congregation emphasised in its submissions the impact that publicity and lobby groups had on the reliability of evidence about abuse. It also outlined concerns regarding the Statute of Limitations (Amendment) Act, 2000 which, it submitted, affected the reliability of allegations of sexual abuse.

Many witnesses were questioned closely by counsel for the Christian Brothers about their association with lobby and support groups. There was a clear implication by the Congregation that active association with a lobby group was indicative of a lack of objectivity on the part of the witness.

The Committee recognised there were grounds for concern that some complainant witnesses had been influenced by events at meetings. For example, lists of names of Brothers who were present in the institutions were distributed at some meetings so that ex-residents would be able to name abusers. Issues such as this diminished the credibility and reliability of the testimony of some witnesses.

The Christian Brothers were able to cross-examine all the complainants who came forward, and the issue of collusion was fully explored by their counsel. Evidence of some witnesses was discounted by the Committee where these issues arose.

The Statute of Limitations (Amendment) Act, 2000 was also cited by the Congregation as a significant factor, in that it granted extension of time for bringing claims for damages in respect of sexual abuse in circumstances that did not apply to other forms of abuse including physical abuse. One of the conditions for getting an extension was making a complaint to the Gardaí.

In their final Submission for Artane, the Christian Brothers stated: it is likely that complainants were aware of the possibility of this requirement being incorporated into the pending legislation. Indeed ... many complainants went to the Gardai at the suggestion of their legal advisors.

The Submission went on to state: A substantial number of the other allegations of sexual abuse which were made to the Commission (including allegations where the complainant ultimately chose not to give evidence) were first made to the Gardai around 1999/2000 also and it is not unreasonable to infer that some of these complainants may have been influenced by the prevailing perception as to what they would have to allege so as to be eligible to make a claim for compensation.

Matters affecting weight and transparency of evidence were not confined to complainants. On the respondent side, some members and ex-members of the Congregation were reluctant to speak openly and frankly about their memories of the industrial schools in which they worked. They were reluctant to criticise the Congregation or their colleagues, and the defensive attitude which was adopted by the Congregation in its Opening Statement was mirrored by some of the respondent witnesses.

These and other considerations were relevant in assessment of evidence, but the occasions of determining facts that were merely asserted on one side and denied on the other, with no accompaniment of documentary or circumstantial material or corroboration, were greatly reduced by the Committee’s method of investigation.

Impact of allegations on respondents

The Committee was satisfied that some allegations of abuse were false. A small number were not the result of contamination or exaggeration but were deliberately manufactured for the purposes of compensation or to cause maximum damage to the Christian Brothers.