Q&A: Will survivors of historical abuse in schools be compensated? And who will be liable?

Irish Times

09-07-2025

The Government has establishment a commission of investigation into historical sexual abuse in all day and boarding schools. What scale of abuse is thought to have occurred?
An initial scoping inquiry was told of some 2,395 allegations of historical sexual abuse in day and boarding schools run by religious orders. It was told it involved 884 alleged abusers in 308 schools countrywide between 1927 to 2013. Most of these allegations were reported from the records of some 42 religious orders that run, or previously ran, schools in the State.
When did this abuse occur?
The abuse was mostly described as having occurred from the early 1960s to the early 1990s, with the highest number of reported incidents occurring in the early to mid-1970s.
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What prompted the inquiry in the first place?
In a
RTÉ Radio 1 documentary Blackrock Boys
, broadcast in November 2022, brothers Mark and David Ryan outlined how they had both been sexually abused at the Spiritan-run Blackrock College in the 1970s, discovering each other's abuse there only in 2002. The broadcast prompted a public outcry and a surge in allegations of abuse, mostly in religious-run day and boarding schools.
Are just religious schools the subject of a scoping inquiry?
No – it is all schools. The commission will have a remit to examine the handling of sexual abuse in all types of schools, primary and second level. This reflects the views of survivors.
A scoping inquiry recommended that the commission's terms of reference include the handling of allegations, suspicions and concerns of historical sexual abuse across all primary and post-primary schools.
Will the voices of survivors be included?
A 'survivor engagement process' forms part of the commission. This provides a confidential space where they can share the impact of their experiences. It is not a legal process, however.
Will survivors be compensated?
That is the intention. Minister for Education
Helen McEntee
says further work is being done to examine the matter of financial redress and how any future scheme could be funded.
This is viewed by many survivors as a measure of accountability for those responsible for sexual abuse in schools.
Can religious orders be forced to contribute?
Given the difficulties in extracting funds from religious orders in the past for abuse-related issues, many will be sceptical about whether this is possible.
The Government says a further phase of detailed investigation and data analysis on this issue is essential.
Ms McEntee has said
'all potential levers that can be brought to bear to secure funding from those responsible for sexual abuse in schools' will be considered.
This is likely to include looking at changes to the statute of limitations on civil claims and changes to the status of unincorporated associations, as well as looking at the assets that religious orders have.
The reality, however, is that survivors do not know what they will get, or when, or if they will get redress at all – and there is no clear pathway towards ensuring religious orders pay into a scheme.
Will the State be liable?
It could be. Some campaigners, such as Louise O'Keeffe, who won a landmark case following abuse in primary school, argue that her case established the principle that the State had an obligation to protect pupils from past ill-treatment at school and should have put safeguarding measures in place to help minimise the risk of sexual abuse.
Worries over the extent of the potential redress bill and its impact on the exchequer run deep. In 2023, for example, officials in the Department of Education outlined that a broad scheme would expose the exchequer to 'unquantifiable and potentially enormous costs'.
Earlier this year, officials in the Department of Public Expenditure warned that the recommendations from the scoping inquiry have the potential to 'very significantly impact on public finances'.
As of now, however, the State cannot confidently measure its liability, nor ignore the risk of footing the bill.
How will the commission work?
Mr Justice Michael MacGrath – appointed to the High Court in January 2018 and a judge on the Court of Appeal since June 2024 – will chair the commission.
It is due to undertake preliminary work over the coming months and will seek initial expressions of interest from people who may wish to provide information to it.
As with many other statutory inquiries, what are the chances of this dragging on for years?
The commission has been given a time frame to report within five years.
Ms McEntee said the terms of reference are set out 'very clearly' to ensure it does not go over time.
'There is a very clear pause within the first two years to make sure that the commission can highlight any problems that arise,' she said.
'But also it works both ways, that the minister can then identify if issues are emerging, how the work is being done, and whether or not that will result in an outcome that is appropriate.'
Are there implications for schools today?
The report of the initial scoping inquiry found that current child protection systems in schools are 'robust and effective', but there are recommendations for further safeguarding steps. The department said it has already begun to implement these recommendations.