An extraordinary arrangement

The Coalition Government's dealings concerning the financial liability of religious congregations for the sexual, physical and…

The Coalition Government's dealings concerning the financial liability of religious congregations for the sexual, physical and psychological abuse of young people placed in their care make for sorry reading.

And while it would be comforting to believe the subsequent removal of Dr Michael Woods from Cabinet reflected the Taoiseach's response to the issue, such a conclusion would be wide of the mark. Mr Ahern stoutly defended this extraordinary arrangement yesterday. And he has consistently argued that the Government was not prepared to contest the issues on a case-by-case basis before the courts or to put religious orders out of business by imposing an excessive financial burden.

After years of Government obfuscation, the report by the Comptroller and Auditor General, Mr John Purcell, has finally lifted the lid on negotiations with the religious orders and exposed what, in private enterprise, would be regarded as negotiating incompetence and financial profligacy. The exclusion of the Attorney General and the Minister for Finance from the talks and the failure of Dr Woods to retain contemporaneous notes of discussions with the religious orders were revealed.

During the course of his inquiry, Mr Purcell was publicly warned by Dr Woods's successor, Mr Dempsey, not to comment on issues of Government policy. In response, the C&AG dryly noted his obligation to "examine and form a view on the quality of information underlying key decisions in the formulation of policy".

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The sensitivity of the Government is understandable, given the negotiating shambles involved and the horrendous costs to which the State has been exposed. The opposition parties have been consistently critical of the secrecy involved and of the financial arrangements under which the taxpayer will bear the great bulk of any compensation burden. The cost to the State could amount to between €760 million and €870 million, while the religious orders will contribute €128 million in cash and land transfers going back to 1989.

Mr Ahern set current events in train in 1999 when he publicly apologised to the victims of abuse for the role the State had played in sending them into institutional care. He promised a Commission of Inquiry and compensation. The Government then asked the religious congregations to contribute 50 per cent of the cost of any compensation awards. The request was rejected in tough, legalistic negotiations. The same ambivalent qualities that emerged in the Catholic Hierarchy's public response to the depredations of sexually abusive priests became evident. The Coalition Government failed to insist on a proper sharing of responsibility with the religious institutions.

Mr Purcell's highly critical report deals primarily with the financial aspects of this agreement. But equally serious questions could be asked about the legal exemptions that were granted. All in all, this was a bad piece of work.