Inquiry into abuse at religious-run schools to examine potential costs for State

Investigation will ‘look at everything’ including possibility of compensation, says Norma Foley

A Government inquiry into sexual abuse at religious-run schools has been tasked with establishing the volume of further allegations likely to emerge from past students and the potential cost for the State.

Minister for Education Norma Foley on Tuesday announced details of a “scoping inquiry” into allegations of historical sexual abuse at schools run by religious orders. There are estimated to be about 400 such schools, mostly at second level.

It follows revelations of abuse at schools run by a number of religious congregations including the Spiritans, formerly Holy Ghost Fathers, which manages Blackrock College, Rockwell College and St Mary’s College. The abuse allegations in many cases extend back to the 1960s and 1970s.

When asked if compensation has been ruled in or out, Ms Foley said the senior counsel appointed to lead the scoping inquiry will have the opportunity to “look at everything”.

READ MORE

“The ultimate outcome of the report will be very much informed by what will come to the table, particularly from the survivors,” she said.

“It will also be informed by what we have learned from previous inquiries, what we have seen internationally... I won’t pre-empt any determination that she might make.”

The terms of reference for the scoping inquiry state that it will assess options include a statutory or non-statutory options, or a combination of both.

In addition, there will be an “analysis of the potential scale of historical sexual abuse in schools run by religious orders” and the “time frame and cost for a Government response”.

The scoping inquiry, likely to take eight months, will be led by senior counsel Mary O’Toole and will involve engagement with survivors.

It will also analyse lessons learned from previous abuse inquiries including the Ferns report, the Murphy report and the Cloyne report.

The scoping inquiry will culminate in a report, including recommendations for next steps, to the Minister for Education.

Ms Foley said the revelations of abuse in a number of schools were “deeply disturbing and heartbreaking” and that it was “vitally important that survivors of historical child sexual abuse have the opportunity to be heard in full, and with appropriate respect and sensitivity”.

“I have said that survivors need to know that there will be a serious response from Government. Today, with the support of Government, I am announcing the first stage of this response,” she said.

The question of whether a compensation scheme might involve the State is a source of debate.

While some officials argue that religious orders would be liable, Louise O’Keeffe, who won a landmark case following sexual abuse in primary school, has argued that her case established the principle that the State had an obligation to protect pupils from past ill-treatment at school.

The latest abuse allegations were prompted by he airing of an RTÉ radio documentary last November into the story of two brothers, Mark and David Ryan, who were sexually abused by priests at the school in the 1970s, unbeknown to each other.

Gardaí have since recorded a total of more than 130 allegations from victims and individuals who say they witnessed abuse or were aware of allegations.

It prompted an apology to victims from the Spiritans last year and the establishment of a restorative justice programme.

The Government, meanwhile, has requested that the Spiritan order retain all its assets and maintain all records related to sex abuse allegations in its schools, which have been at the centre of recent allegations of abuse by former pupils. The move was thought to be in anticipation of the inquiry and a potential compensation scheme for victims.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent