Latest news with #historicalabuse
Irish Times
18-07-2025
- Politics
- Irish Times
Sex abuse in schools: State accused of ignoring its liability for redress
The Government has been accused of refusing to acknowledge the O'Keeffe judgment, by claiming the State does not bear liability for historical child sex abuse in schools . The Irish Human Rights and Equality Commission (IHREC) and Louise O'Keeffe have both questioned Government guidance which appears to suggest it may not be the responsibility of the State to pay for redress. Ms O'Keeffe successfully took the State to the European Court of Human Rights (ECHR) in 2014 for failing to protect her from sexual abuse in Dunderrow national school in Cork in the 1970s. The ECHR found that the State had an obligation to protect her from the abuse she had suffered from her then school principal Leo Hickey. Ms O'Keeffe was awarded redress, and since then has been campaigning for the same redress to be made available to other abuse survivors. READ MORE The Government has agreed to set up a commission of investigation into the handling of sexual abuse in schools, but officials are still considering the issues around the setting up of a redress scheme for survivors of such abuse. It is understood there are concerns within the Government about the demand for and costs of such a scheme, which would be likely to be the largest in the history of the State. [ Q&A: Will survivors of historical abuse in schools be compensated? And who will be liable? Opens in new window ] An interdepartmental report prepared by officials from the departments of the Taoiseach, education, justice, children and public expenditure and reform warned that setting up such a redress scheme was 'as complex' as setting up a commission of investigation. It said that guidance from the Department of Public Expenditure and Reform had warned against 'rushed approaches to redress, including the assumption of risk by the State when liability should more appropriately be borne by third parties'. The report also considered the question of who bears liability for the actions of school employees. 'It has been concluded in case law, at Supreme Court level, that the State does not have such liability,' it said. Liam Herrick, chair of IHREC, said that as recently as January 2024 the State had told the ECHR it was working to meet its legal obligation 'to abide by the final judgment of the European Court of Human Rights'. 'The report of the IDG indicates that Government departments adopt a different position in refusing to acknowledge the primacy of the O'Keeffe judgment,' Mr Herrick said. 'So, it must be asked, what is the State really saying to the victims and survivors who have been waiting so many years for the redress they are legally entitled to? Can the Government confirm that it does accept the ruling of the European court which found that the State does bear responsibility for abuse that occurred in schools?' Ms O'Keeffe told The Irish Times the Government was 'basically trying to avoid looking at the ECHR judgment'. 'They are particularly dwelling on the religious organisations as being responsible for paying redress, and seem to be avoiding their own responsibility,' she said. Prof Conor O'Mahony, director of the child law clinic at UCC, said the claim that the State does not bear liability in such cases was 'staggering'. He said the O'Keeffe judgment applied to 'every case of abuse that occurred in any Irish school prior to the adoption of State guidelines on the reporting of abuse in schools in 1992' . A spokesman for the Department of Education said 'domestic courts have ruled that the State is not vicariously liable for the acts of a teacher appointed by the manager of a national school'. 'The 2014 ECHR judgement in O'Keeffe v Ireland indicated that the State bore partial responsibility where a complaint had been made against an alleged abuser and no system was in place to act upon that complaint. Since that ruling, extensive measures have been put in place to improve child protection in schools, including detection and reporting mechanisms as well as vetting and greater overall awareness,' the spokesman said.
Irish Times
15-07-2025
- Politics
- Irish Times
Disabled children suffered higher rates of sexual abuse, Dáil hears during debate on historical abuse
Children with disabilities experienced sexual abuse at a much higher rate than children without a disability, the Dáil heard as it debated historical child sexual abuse in day and boarding schools. Minister of State for Special Education and Inclusion Michael Moynihan said the scoping inquiry leading to the newly established Commission of Investigation revealed the records of religious orders showed 'some 528 allegations of historical child sexual abuse across 17 special schools in respect of 190 alleged abusers'. The 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. The Minister of State said 'many families entrusted the care of their children into these communities' and 'this is unlikely to be the full extent of the historical abuse in special schools'. READ MORE It was 'truly appalling that the additional vulnerabilities of children in special schools could be so exploited and there has to be accountability', Mr Moynihan said. He was speaking during a debate on the motion to approve the draft order on the Commission of Investigation on the handling of historical child sexual abuse in day and boarding schools. [ Government will 'pursue all levers' to make religious orders pay redress to victims of school sex abuse Opens in new window ] Sinn Féin TD Pat Buckley said he had lost many friends who had been abused and it took more than 20 years to find out what happened. 'I lost two friends in primary school where the abuse started and I wasn't aware of it.' He said 'people ran away from school, came back, qualified as solicitors and everything, and unfortunately ended their lives'. He said some of the people who are responsible 'are still alive, some of the principals and vice-principals, Christian Brothers and lay teachers'. Labour's Ciarán Ahern said the Government and other institutions of power 'have excelled in the past at covering up the reality of child sexual abuse'. 'We need only look at the Carrigan report in 1931 to see the DNA of denial that blighted child protection in Ireland from the State's foundation'. The Dublin South-West TD said the Carrigan committee was appointed in 1930 and held 17 sessions. One witness, the police commissioner of the time, 'highlighted an alarming amount of sexual crime, increasing yearly, a feature of which was the large number of cases of criminal interference with girls and children from 16 years and downwards, many children under 10 years of age'. He said the police commissioner believed that less than 15 per cent of sexual crime was being prosecuted but government chose not to publish the report. Minister for Education Helen McEntee thanked 'every single survivor for their bravery, whether they were in a position to come forward or not'. She also thanked the late Mark Ryan and his brother David who came forward for the RTÉ documentary Blackrock Boys, after which the Government established a scoping inquiry. In an address to survivors she said: 'I am truly sorry for what was done to you and the devastating impacts it had on your lives, but I want to thank each and every person for their bravery.'
BreakingNews.ie
09-07-2025
- Politics
- BreakingNews.ie
Taoiseach vows to pursue legal options to force religious orders on compensation
The Taoiseach has vowed to pursue a 'detailed examination' of how the state will make religious orders and institutions contribute towards compensating victims of historical sex abuse. Micheál Martin said the Office of the Attorney General, the Department of Education and other state bodies are exploring legal options that could force religious orders to pay for any redress. Advertisement On Tuesday, the Government approved the establishment of a commission of investigation into allegations of historical sex abuse in schools across the country. Mr Justice Michael McGrath will chair the commission. Time to ensure justice for survivors of school abuse ❝It is not enough to acknowledge wrongdoing. We need to see concrete action for survivors.❞ @IvanaBacik TD 🔗 — The Labour Party Ireland (@labour) July 9, 2025 Mr Martin said changes could be made to the statute of limitations on civil claims, as well as changes to the status of unincorporated associations. Labour leader Ivana Bacik told the Dáil on Wednesday that as of September 2024, religious orders have paid 16 per cent of institutional redress costs that were owed. Advertisement She also said that religious orders involved in historic sex abuse sold more than 75 properties worth a total of more than €90 million since 2016. Successive governments have been unable to hold religious orders responsible for paying redress to victims of sex abuse over the years. The Fianna Fáil leader told the Dáil that it was clear from the scoping inquiry that many survivors view financial redress as an 'important measure' of accountability for those who ran schools where sexual abuse happened. 'Government is pursuing now in a very detailed way, very detailed examination is taking place in terms of ensuring that those responsible, including religious orders, are held accountable and to ensure that they make redress,' he added. Advertisement 'The Office of the Attorney General is examining this with the Department of Education and other relevant bodies on legal options that may be available to the state. 'We are looking and examining 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, and an examination of how to ensure compensation from religious orders will run in parallel with the commission of investigation. 'It is complex work. It will require detailed consideration and may take some time to complete, and we will be open to engaging with you and constructive proposals that you have on this.' Ms Bacik welcomed the commission, but said it must avoid the mistakes of the past. Advertisement 'I welcome the fact that you've spoken of an inclusive and survivor-led approach that's vitally important,' she added. 'But we do also need to ensure that religious orders that were complicit in the sexual abuse of children should be required to provide appropriate redress to survivors. 'We must also ensure access on a timely basis to redress for survivors. 'We're conscious the commission is going to run for at least five years, and we don't believe survivors should be forced to wait a further five years for the outcome of the process. Advertisement 'Survivors need assurance that organisations, religious bodies, religious orders in the church that were accountable and responsible for abuse that they should be made to pay. 'Church and state, but also religious order,s played a shameful role, as we know, and in particular, within religious orders, clerics were allowed, in some cases, to perpetrate appalling crimes against children with impunity. 'We need to go further than condemnation. We need to remove legal obstacles to pursuing religious orders. 'Religious orders, as we know, Taoiseach, for years, they've been carrying out a perfectly legal practice of transferring their assets and their properties to associated lay-run trusts. 'I've described this as the developer's wife syndrome, that puts assets often out of reach in or in some cases, out of reach of state authorities. 'It's not acceptable.' The scoping inquiry found 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 of the allegations were reported from the records of some 42 religious orders. The commission 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.
Irish Times
09-07-2025
- Politics
- Irish Times
Worry about funding redress scheme for abuse in schools runs deep
Good morning. The decision by the Government to establish a commission of investigation into allegations of historical sexual abuse in schools is likely to be the easiest part of the process. A programme for government commitment, and a recommendation from the scoping inquiry into the matter, its establishment was a foregone conclusion in many ways. However, much thornier issues remain – most prominently, the issue of redress. While welcoming many aspects of the Government announcement, abuse survivors' groups expressed disappointment that the issue of redress has been delayed. Minister for Education Helen McEntee said on Tuesday that the Coalition considers 'a further phase of detailed investigation and data analysis on this issue will be essential'. McEntee made all the right noises about going after the organisations – primarily religious orders – who ran the schools. But the State's record in extracting sufficient cash from these orders to pay for historical abuse is both a sorry and a long one. Going back to last September, when the scoping inquiry report was published, senior government figures have emphasised two things consistently: Firstly, that redress must happen, and quickly – Simon Harris, taoiseach at the time, said such a scheme could not be 'parked' until the statutory inquiry was complete. But privately, the second issue they fret about is the cost. Public statements heaping pressure on orders to pay up are just that: statements. Meanwhile, the worry about the tab and its impact on the exchequer runs deep. In 2023, 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'. READ MORE There is both a political and a moral imperative behind establishing a redress scheme. But there is also a cold hard reality to funding it. For now, victims do not know what they'll get, or when, or if they'll get redress at all. There is no clear or established path to ensuring religious orders pay towards a scheme. And the State cannot confidently measure its liability, nor ignore the risk of footing the bill. The tension between these competing points is likely to increase in the years ahead. Fees conundrum The issue of how much families will have to pay for college registration fees next year continued to dominate proceedings in the Dáil yesterday and last night, culminating in a Sinn Féin motion on the topic, while students protested outside the gates of Leinster House. Read Marie O'Halloran's report here . While it lacks the heat of last week, the issue is unlikely to totally fade away any time soon. The Opposition knows the Government is in a bind on it – it cannot, by its own admission, provide a straightforward answer on the fees question without pre-empting the budget process. Meanwhile, it provides an evergreen angle of attack for the Opposition parties on the cost-of-living debate, something which they have all shifted focus towards in recent weeks. More of that this morning, with a Social Democrats motion on transparency in supermarket profits. Make no mistake about it, the budget wars are already under way. And after years of watching while government parties disbursed huge amounts of exchequer funds to voters, the Opposition will not hesitate in attacking. Best reads Ellen Coyne has the latest on medical evacuations of sick children from Gaza to Ireland. We report on Pa Daly's High Court challenge to the super juniors at Cabinet. Miriam Lord on the mileage to be had out of the student charges debate. Conor Gallagher pays a visit to the sanctioned Russian ship in Killiney Bay. Cliff Taylor on the latest twist in Trump's tariff tale and what it means for Ireland . Playbook The Dáil kicks off at 9am with topical issues, before a motion from the Social Democrats at 10am on transparency in supermarket profits. Leaders' Questions is at midday, followed by Other Members' Questions and Questions on Policy or Legislation. At lunchtime there will be statements on last month's European Council meeting, before government business in the afternoon is given over to statements on the all-island strategic rail review. The Mental Health Bill goes through its report and final stages at 5.06pm, followed by the Statute Law Revision Bill going through the same process. Seanad amendments will be taken on legislation governing supports for survivors of residential institutional abuse, followed by the committee and remaining stages of the Planning and Development Bill. Seanad The Seanad sits at 10.30am for commencement matters. In the afternoon, it will take the second stage of the Defamation Bill and consider an Opposition Bill providing for paid leave following miscarriage. Government business will be given over to social welfare legislation reforming bereaved partner's pensions. There will also be statements on the Post Office network before the Seanad adjourns at 7.50pm. Committees Pre-budget submissions from NGOs are the order of the day for the social protection committee at 9.30am, while the health committee will look at legal and policy gaps in adult safeguarding following the recent RTÉ report on nursing homes. The disability matters committee will look at the delivery of disability policy, while unmanned aircraft systems are to be discussed by the transport committee – including an appearance from former Dublin GAA manager Jim Gavin, who is also chief operations officer for the Irish Aviation Authority. Minister for Higher Education James Lawless is in with his sectoral committee at 12.30pm to discuss revised estimates. Later in the afternoon, the infrastructure committee will discuss the role and remit of the Courts Service, while the agriculture committee holds a session on farm safety. Both of those are at 3.30pm. The Taoiseach is doing revised estimates for his department with the finance committee at 4pm, before a general engagement at 5pm. Peter Burke has the same job at the enterprise committee at 6.30pm, while at the same time, the foreign affairs committee continues its pre-legislative scrutiny of the Settlements Bill. Here's the full Oireachtas schedule .
BreakingNews.ie
08-07-2025
- Politics
- BreakingNews.ie
Religious orders will be ‘held accountable' for sex abuse crimes in schools
Institutions and religious orders involved in historical sex abuse in schools will be 'held accountable' for the 'awful' crimes, the education minister has vowed. The Government approved the establishment of a commission of investigation into allegations of historical sex abuse in schools across the country. Advertisement Mr Justice Michael McGrath will chair the commission. Minister for Education Helen McEntee, who outlined the details of the commission of investigation, said that any redress scheme would have to be funded by the religious orders and organisations. Minister McEntee announces establishment of Commission of Investigation into historical sexual abuse in schools and appointment of Chair — Department of Education and Youth (@Education_Ire) July 8, 2025 Speaking at Government Buildings on Tuesday, Ms McEntee said that more works needed to be done to establish exactly what is owned and in the possession of the religious orders. The scoping inquiry found 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. Advertisement Most of the allegations were reported from the records of some 42 religious orders. The commission 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. Ms McEntee said work is ongoing around how such a redress scheme would work, but said that it must be funded by religious orders and any other school organisations 'involved in these awful crimes'. The Fine Gael minister said it will take five years to complete, at a cost of tens of millions of euros. Advertisement She said the Government was examining a number of ways to make this happen, including making legislative change. Ms McEntee said that any steps to secure or maximise payment for a redress scheme is being worked on by the Attorney General 'It is important to stress that the preferred outcome here is that religious institutions and organisations would come forward,' she added. 'The commission will be separated into two parts, but they will happen in tandem. Advertisement 'The first will be the investigation, and the intention is that the chair will be supported by two commissioners. 'One commissioner which will look at the investigation into handling of sexual abuse claims in religious schools. 'The second commissioner will start work on the investigation into sexual abuse in schools that were non-religious run schools. 'The third commissioner will then focus solely on the survivor engagement forum. Advertisement 'The forum itself will be non-adversarial. 'There will be no cross examination. 'It will be anonymised, and it will mean that every single person who wishes to come forward to tell their story, to tell what happened to them, in that non-adversarial way that they would be able to do so, and it will allow all survivors to do this.' She added: 'The work that is happening in parallel is further examination of the religious orders, what funds they have, what assets they have, what levers may be used by government to ensure that funding is provided by those religious groups and orders. 'It's only after that that obviously a decision would have to be taken on a redress scheme. 'So while it's happening in parallel, it's not the establishment of a redress scheme, it's for the work that is needed, but I'm really clear those who are responsible should be held accountable, and that includes financially, but there is a body of work still needed. 'There are a number of different measures that we're working on at the moment. Some would require legislative change. 'Some of those would relate to limitations for civil claims, the statute of limitations that obviously applies to individuals who are taking cases.' Ms McEntee said that a clear five-year time line has been set out to ensure that it is not an 'open-ended scheme'. 'The chair, accompanied by additional commissioners and a support team will be in place by October 1, and they have been given a five-year time limit to complete this work,' the minister added. 'Importantly, and very clearly outlined in the terms of reference is that no later than two years into their work, the chair must provide a report to the minister of the day, outlining whether or not the work of the commission of investigation is on track to be completed within the five years. 'If it is not, there is a very clear obligation to redefine the scope or the work that is being done to make sure that this is done on time. 'I am absolutely committed and determined in supporting what will be an independent commission of investigation, but supporting their work that this is done on time, that survivors do not have to wait, that this does not go on indefinitely, and that importantly, the terms of reference would set out how we investigate the handling of what happened in schools who was responsible, where abuses were raised, where concerns were raised, what happened then, that that can be identified. 'But if we are not on track, if the chair feels that there are changes that need to be made, that will have to be outlined very clearly in a note to the minister no later than two years.' If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at or visit Rape Crisis Help.
