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

Irish Times

time09-07-2025

  • Politics
  • Irish Times

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

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. READ MORE 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.

Redress is essential in holding religious orders and schools to account, say abuse survivors
Redress is essential in holding religious orders and schools to account, say abuse survivors

Extra.ie​

time09-07-2025

  • Politics
  • Extra.ie​

Redress is essential in holding religious orders and schools to account, say abuse survivors

Survivors of child sex abuse in Irish schools have questioned the establishment of a new Commission of Investigation without an accompanying mechanism for redress. Advocacy groups warned that without redress, educational institutions and religious orders will be able to 'avoid accountability' for abuse of children and said the State inquiry 'must not become an obstacle to justice'. Education Minister Helen McEntee yesterday announced details of a Commission of Investigation into historical child sex abuse in schools across Ireland, not just those being run by religious orders. Justice Minister Helen McEntee. Pic: Eamonn Farrell/ The need for a commission was highlighted by a scoping inquiry last year, which identified some 2,395 allegations of sexual abuse in day and boarding schools run by religious orders, involving 884 alleged abusers in 308 schools across the country between 1927 and 2013. Most allegations were from the records of 42 religious orders. Ms McEntee said that institutions and religious orders will be 'held accountable' for 'awful' crimes against children and will be expected to fund any potential redress scheme. The commission – to be chaired by Judge Michael McGrath – will examine the handling of allegations, suspicions and concerns of sex abuse in schools; failure to treat concerns, causes and responsibility for such failure; failure to prevent harm; and the concealment of child sex abuse. His Hon. Mr Justice Michael McGrath. Pic: Collins Courts It will take five years to complete at a cost of tens of millions of euros. A separate body of work will be undertaken 'in tandem' with the commission's work to explore how a redress scheme could operate, with religious orders and educational institutions expected to pay any resulting compensation. 'The most appropriate thing would be for orders to come forward themselves to offer redress schemes,' Ms McEntee said. Advocacy groups One in Four and Restore Together – set up to support survivors of sexual abuse in Spiritan schools – have welcomed the establishment of the Commission of Investigation and the commitment to expand its remit to all schools, but sounded the alarm over further redress delays. Justice Minister Helen McEntee. Pic: Fran Veale While the Spiritans have already publicly committed to undertaking their own redress scheme, Restore Together said that the inquiry should not 'inadvertently shield institutions from taking immediate responsibility'. 'Justice delayed is justice denied. Redress cannot wait,' it stated. Spokesman Philip Feddis added: 'How will the Government ensure that redress – both financial and therapeutic – advances and concludes in tandem with the five-year time limit prescribed by the minister?' One in Four chief Deirdre Kenny said: 'While we appreciate this is complex, survivors have shown immense resilience and patience; therefore, we are concerned about any further delay. Delays disadvantage survivors and may allow institutions to avoid accountability and responsibility.' Jen Cummins, Social Democrats TD. Pic: File Social Democrats TD Jen Cummins said the Government must be firm when seeking compensation from religious orders. 'We cannot have a repeat of this Government going to religious orders, cap in hand, pleading for contributions – as happened, most recently, with the mother and baby home redress scheme,' Ms Cummins, education spokeswoman for her party, said. 'If religious orders are unwilling to contribute to redress, the Government must go after them with a legal team, not a begging bowl.' The Education Minister also promised that the Government will not repeat the mistakes of the Farrelly Commission of Investigation, which dragged on for years and ran over budget. 'I am confident that this can be done within a five-year time period,' Ms McEntee said. The establishment of the new Commission of Investigation comes less than three months after the publication of the final report from the beleaguered Farrelly Commission. The Farrelly probe examined the care of a young disabled woman – 'Grace' – in a foster home in the southeast of the country. The inquiry was originally meant to take place over one year. However, the publication of the final report was delayed on nine separate occasions. It will ultimately cost close to €20million and failed to make any substantive findings of abuse – despite interim reports doing so. The report was widely criticised by children's rights advocates and disability campaigners, while the entire Commission of Investigation model came under scrutiny. Taoiseach Micheál Martin said the State must evaluate 'whether there is a better way of cutting to the truth much more effectively'

Commission of inquiry to be established into allegations of historical sexual abuse in schools
Commission of inquiry to be established into allegations of historical sexual abuse in schools

Irish Examiner

time08-07-2025

  • Politics
  • Irish Examiner

Commission of inquiry to be established into allegations of historical sexual abuse in schools

A commission of inquiry is to be established into allegations of historical sexual abuse in schools. The Cabinet on Tuesday approved the move on foot of a memo brought by Education Minister Helen McEntee. It is understood that Mr Justice Michael MacGrath will be nominated to head the commission. A scoping inquiry published last year found that there were 2,395 allegations of sexual abuse against 884 teachers, priests and others in respect of 308 schools recorded by the religious orders which ran the schools. The Government agreed at the time to establish a statutory inquiry in response to the scoping inquiry. Survivors have raised concerns that this could delay redress or justice. The Government's report into sexual abuse at religious-run boarding and day schools was prompted by revelations of systemic abuse by the Spiritan order at Blackrock College. Further details on the commission's terms of reference and workings will be published today. More to follow...

Spiritans' promise of redress must be ‘substantiated by actions', says abuse survivors group
Spiritans' promise of redress must be ‘substantiated by actions', says abuse survivors group

Irish Times

time17-06-2025

  • Irish Times

Spiritans' promise of redress must be ‘substantiated by actions', says abuse survivors group

Redress proposals for abuse survivors by the Spiritan congregation, which runs Blackrock College and other leading schools in Ireland , 'urgently needs to be substantiated by actions', survivors' group Restore Together has said. It represents people who were sexually abused at Spiritan-run schools. Group spokesman Philip Feddis said 'urgent delivery of a victim-centred, non-adversarial redress scheme is critical'. Ongoing delays on the order's part are 'undermining the benefits of what has been delivered to date', he said. READ MORE His comments follow a public commitment by Spiritan Provincial Fr Brendan Carr to pay redress to survivors of abuse in the schools. By last November, 359 survivors of abuse at Spiritan schools had come forward, including the 347 disclosed in the scoping inquiry report on abuse at private fee-paying schools published last September. In an open letter on Monday to survivors of abuse by members and employees of the Spiritans , Fr Carr announced 'a restorative framework which we hope can help all to arrive at a different place in this painful and difficult journey'. This, he said, was prepared 'with the help of Restore Together, One Voice, and other significant advocates and individuals who were abused in our schools and other contexts, who have engaged directly with us'. Fr Carr said the Spiritans have established a 'finance advisory team, with the expertise to lead a strategic restructuring of the Province's assets'. It would 'fast-track the development of sustainable funding streams, including immediate and medium-term provisions for redress'. He hoped that by the end of this summer he could 'provide a further, more detailed update of the progress we are making in forging new paths to create a just redress scheme'. In response, Mr Feddis said 'victims/survivors will judge the statement based on actions and how soon they receive restorative justice in its entirety'. He stated that a redress scheme is the 'most urgent and important element'. Delivery of a full restorative justice programme by the Spiritans is 'already long overdue', Mr Feddis added. The order's 'ongoing delays' undermine what has been delivered to date – an apology and therapy – and 'diminishes the potential for restorative justice to have full effect for victims/ survivors', he said. Victims and survivors must have 'active decision-making input' in determining what is best for their healing, Mr Feddis said, adding that 'justice delayed is justice denied, and that is where we are at'. He said Restore Together will work intensively with the Spiritans to address how the three inactivated elements of the programme can be 'enabled as soon as humanly possible'.

Spiritans commit to redress scheme for school abuse survivors in attempt to ‘offer atonement'
Spiritans commit to redress scheme for school abuse survivors in attempt to ‘offer atonement'

Irish Times

time16-06-2025

  • General
  • Irish Times

Spiritans commit to redress scheme for school abuse survivors in attempt to ‘offer atonement'

The head of the religious congregation behind Blackrock College and other prominent schools has made a public commitment to paying redress to survivors of abuse in the schools. In an open letter to survivors of abuse by members and employees of the Spiritan congregation, Provincial Fr Brendan Carr announced 'a restorative framework which we hope can help all to arrive at a different place in this painful and difficult journey'. This, he said, was prepared 'with the help of Restore Together, One Voice, and other significant advocates and individuals who were abused in our schools and other contexts, who have engaged directly with us'. It 'acknowledges the abuses, failures and omissions of the past, refocuses on the present needs of those who suffered and those carrying pain and allows all to look to and find peace and a different and better future where humanly possible'. READ MORE The Spiritans, he said, had established a 'finance advisory team, with the expertise to lead a strategic restructuring of the Province's assets'. It would 'fast-track the development of sustainable funding streams, including immediate and medium-term provisions for redress'. By last November, 359 survivors of abuse at Spiritan schools had come forward, including the 347 disclosed in the scoping inquiry report on abuse at private fee-paying schools published last September. [ Spiritans accused of putting own interests before those of abuse victims Opens in new window ] In the past when it came to redress, Fr Carr said, the congregation 'engaged through what we understood to be the standard mechanism available – legal negotiations conducted between legal representatives for the Spiritans and the persons making the legal claims'. He acknowledged this 'was not an adequate response for those seeking safe and healing space for victims/survivors'. 'Advocates and victim-led representations have taught us that a different redress scheme was needed – one that was victim-centred, less adversarial and faster.' He added that, notwithstanding the expected Government commission of investigation into abuse in schools and its pledge of redress for survivors, 'we Spiritans believe we have a moral and collective obligation to respond to and offer atonement' to those 'whose lives were severely impacted'. The agreed framework contains four elements which, as well as redress, offers survivors meetings with Spiritan representatives who would acknowledge what happened and apologise, as well as therapy and counselling, and a commitment to memorialise both the suffering of survivors and atonement by Spiritans. [ Spiritans have paid €8.8m in settlements to 125 abuse survivors since 1998 Opens in new window ] Fr Carr said the redress scheme was 'but one part of our sincere endeavour and commitment to be accountable at this time for what happened in another time'. 'Child sexual abuse is a devastating crime. It shatters the lives of victims and causes deep and lasting harm to families and friends,' he said, adding that such abuse 'also profoundly affects school communities'. 'I want to publicly acknowledge this impact and offer apology and empathy to the current principals, staff, students and parents of Spiritan schools,' he said. 'Too often, you have found yourselves having to respond to situations in which you had no involvement and over which you had no control. I, of course, extend this apology to the volunteers and employees of SET [Spiritan Education Trust], the body that runs Spiritan schools.' It was his 'sincere hope', Fr Carr said, that by the end of the summer he could 'provide a further, more detailed update of the progress we are making in forging new paths to create a just redress scheme'.

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