Religious congregations for generations educated Ireland's youth. Some of those pupils were abused, sexually and physically. Most received a start for which they are profoundly grateful, writes Mark Hennessy.
However, the Government's offer to indemnify 18 orders against abuse compensation claims in return for €128 million in cash and property raises fundamental questions. Few have so far been answered.
The role of the congregations is not what it once was. Industrial and reformatory schools, thankfully, closed in 1975. But brothers and nuns have been retreating everywhere from the blackboards. By June 2001, the latest year for which figures are available, the Department of Education paid 43 brothers and 420 nuns to work as primary teachers - out of a total primary teaching staff of 23,810.
The fall has been dramatic. In 1994, there were 92 brothers and 756 nuns still on duty in primary schools. In 1952, 444 brothers and 1,752 nuns dominated a total teaching staff of 12,883. In all, 2,932 primary schools, and as many secondary schools remain under the control of local bishops. Boards of management must pass the bishops' muster, so too must the appointment of principals. The congregations own hundreds more properties, many of them hugely valuable, though the full list does not appear to have been disclosed by them in their negotiations with the Government. Despite the fall in numbers, the Catholic church - be it through the dioceses, or through the religious congregations - still wields extraordinary power in the world of education. The church is not paying a price for this control. The State pays all teachers salaries, 90 per cent of all refurbishment costs, 90 per cent of all building costs. The taxpayer pays all the bills, but does not own the bricks and mortar.
The Opposition has seized - a year late, perhaps - upon the deal agreed on June 5th, 2002, by Michael Woods with the congregations during his last hours as minister for education. Mr Woods reached the agreement's basic outline - cash and property in return for an indemnity - in January 2002, but, as ever, the devil was in the detail and this took months to finalise.
And the detail is extraordinary. Under its terms, the congregations are protected from civil - but not criminal action - in any circumstances foreseeable by man or lawyer. For example, an abuse victim can go before the Residential Institutions Redress Board, but can refuse an award, and subsequently sue in a civil action in the courts, as some Hepatitis C victims did.
However, the Government decided for some bizarre reason, not yet properly explained. to be responsible for fighting, and paying for all of these court actions, if they occur. Why? Some Opposition figures are quietly muttering conspiracy: that the Government did a soft deal with the church to buy its support in the abortion referendum is a favourite theme. There is no evidence to support this, but there is evidence to argue that the Government were not brave enough for a full-face row with the congregations to force them to pay their share.
Back in May 11th, 1999, the Taoiseach, Mr Ahern apologised to all abuse victims. It was a decent act. And he set up a commission to inquire into child physical, sexual and, or emotional abuse, along with neglect. Originally, the Government wanted the commission to decide on the facts of the issue, while a compensation board operating in parallel would then decide on the level of damages. Early on, it became clear that victims and their solicitors wanted some idea of the possible compensation before they would go and give their testimony to the commission.
This led to the Redress Board. Publishing the legislation, the Government never mentioned that the congregations would be indemnified if they contributed to the compensation pool. Negotiations on a deal between the congregations and the Departments of Education and Science and Finance, and the Attorney General's office began in November 2000. From the beginning, they were difficult. Nine meetings later in November 2001 they were deadlocked. Enter Michael Woods and his secretary general, Mr John Dennehy. Within two meetings everything was arranged.. Both Mr Woods and Mr Ahern insist that they did not want to bankrupt the orders. Fair enough, many will say. Others will argue why the hell not. In all, €41.4 million will be paid by the congregations, along with €10 million to fund counselling programmes. In addition, property worth €76.8 million will be transferred to the State.
Is this the best that could have been done? If the Government did not want to scupper the congregations, it could certainly have done a lot more to turn the screws on them. Led by shrewd negotiators in the shape of Sister Elizabeth Maxwell and Sister Helena O'Donoghue, the congregations got a good deal, and they know it.
Bertie Ahern is the master of negotiation but one suggestion is worth pondering: the orders' intransigence and refusal to pay a fair share could and should have been brought into public view. The temperature could have been raised by holding negotiations in Government Buildings, with RTÉ's Charlie Bird and the rest of the media excitedly recounting the latest chapter outside. For how long would the congregations have then stood firm? In 1952, the congregations owned 431 properties, according to the files. They own most of them still. There was plenty for the State to take.