453 entries for Commission Conclusions

Mr Black gave evidence to the Investigation Committee, where he recalled receiving a phone call from Fr Stefano early one morning and being told that he wished to report a sexual assault on a pupil.

Mr Black accepted that his recollection of the detail of the conversation was not clear, but he recalled being told that Fr Stefano had caught one of their Brothers in bed with a boy, that the Brother was ‘now on a train out of his way out of the place’ and that Fr Stefano was very distressed.

Mr Black told the Committee that he told Fr Stefano to leave the matter with him, and he then contacted Mr Orange,41 the Secretary of the Department. He told Mr Orange exactly what Fr Stefano had relayed to him, and said that Mr Orange reflected on the matter for a few moments and decided that no further action was necessary, as the person responsible for the assault had been caught and was now removed from the School. He told the Committee that, as far as he could best recollect, that was what happened.

Mr Black said that he had not made a written record of the events. He accepted that he may have ‘slipped up’ in not making a note. He gave two reasons for not doing so: first, he had not been told to; and secondly, he understood the School would have kept a record in the daily register of the School which, under the terms of the Act, should record notable events to be laid before the Inspector.

There is no evidence available to the Investigation Committee indicating that Mr Orange, Secretary of the Department, kept a written record either.

Mr Black also confirmed that he had not asked whether Fr Stefano had reported the matter to the Gardaí. He explained: If I was doing it today – hindsight is grand, of course – the first thing I would have said is “Have you reported that to the Guards?” That is the first thing I would have said to Fr Stefano. Secondly I would have taken a note, even if only to protect myself. So, mea culpa.

He confirmed that there was no follow-up investigation, as the ‘culprit was found’.

Mr Black explained that, at the time, there were no guidelines in the Department as to how one should handle a complaint of this nature. He did, however, refer to a complaints procedure, which had been handed down by tradition in the Department, to deal with complaints from ‘the woman who was making the complaint or whatever it was’. It involved sending an investigator out to interview the people concerned.

When asked why this procedure was not set in motion in relation to the complaint against Br Bruno, Mr Black replied: Because the thing was finished, the crime was solved, the culprit was on his way off ... What more could I do at that time? I should have now have told the Guards, of course, you know, because it was a crime, but it wasn’t regarded in that light at that time.

The Department’s Child Care Advisor, gave evidence that he became aware of Br Bruno’s dismissal, shortly after it occurred, through a phone call from Fr Stefano: To the best of my knowledge, I then reported that to Mr Black, .... who I think already knew of the issue, and he said that he would be dealing with the matter or to leave it with him at that stage.

He was asked what procedures were in place to deal with information received in this way: To record it and to consult with the managers, to make certain it is all on record ... If the Secretary had been informed, you would obviously go back and keep him updated of where you were with that situation. You would then consult with the Order as to where they were with the situation. Because they have ultimate responsibility for – and I think there was, as far as possible, good communication.

It was put to him that one would expect the matter to go on record, and the record to go on file, because that is the way the Department worked and he responded: Yes. I expect there was a file in the Department, because when I am listening to the Chairman, my mind is thinking of – not an incident like that, but there was an incident of a fire in Cavan many years ago and I know that incident is on a file. So that’s the same sort of major incident we are talking of really.

He added that he did not report the matter to the Gardaí: I certainly didn’t inform the guards, as Mr Black was dealing with that situation and he said to me, "leave it with me". I left it with him. Maybe on hindsight that was wrong.

It is clear that the Department of Education did not conduct any investigation into the events that took place in Ferryhouse in 1980. Nor did the Department facilitate any such investigation, whether by the Garda Sióchana, by the Department of Health, by the local Health Authority or by any other agency.

The position of the Department of Education in relation to the investigation and reporting of abuse is set out in its document, ‘Statement to Commission To Inquire Into Child Abuse’ dated 19th May 2006 and prepared in advance of the Phase III hearings. It states: In detailing the allegations of abuse in Clonmel and the response of the Department, it is worth noting the Department’s position with regard to dealing with allegations of this nature was that the Department does not investigate allegations of abuse. This is a matter for the employers of the staff (in the case of St Joseph’s this would be the Rosminian Order), the Gardai and the health authorities. The responsibility of the Department would be to ensure that the welfare and safety of children was protected and that the matter had been reported to the appropriate authorities and that appropriate steps were being taken to investigate the matter and protection of children.