Irish Government Announces Statutory Inquiry into Child Sexual Abuse in Schools Run by Religious Orders
Education Minister Norma Foley has announced that a Commission of Investigation will be established to investigate cases of sexual abuse in schools run by religious orders including Blackrock college in Dublin.
The announcement follows the conclusion of work by a government scoping Inquiry which recommended that a full statutory Inquiry was necessary to properly investigate these issues.
This week the Scoping Inquiry has reported on the extent of allegations of historical child sexual abuse in religious orders’ schools revealing the following harrowing details:
In total, there are 2,395 allegations of sexual abuse in respect of 308 schools recorded by the religious orders that ran those schools.
These allegations are made in respect of 884 distinct alleged abusers.
The number of schools with allegations of historical sexual abuse shows that such allegations are not confined to schools in any particular geographic or social category. However, there are some schools where particularly high incidences of allegations of historical sexual abuse are recorded.
The total number of allegations likely exceeds that figure, given the level of underreporting of childhood sexual abuse noted in the Central Statistics Office Sexual Violence Survey.
The religious orders’ records indicate that over half of the 884 persons accused of historical sexual abuse are known to be deceased.
There is a particularly high number of allegations in special schools.17 special schools recorded 590 allegations involving 190 alleged abusers.
Minister Foley’s announcement that the Government has accepted the recommendations of the scoping Inquiry will be welcomed by the survivors of abuse who have campaigned tirelessly for answers and accountability. Those who came forward and shared their experience stated that ‘their childhood stopped the day the abuse started.’ Many described their ‘appalling childhood sexual abuse’ taking place in classrooms, dormitories, sports facilities and sometimes the victim’s home.
What is a Commission of Investigation?
A commission of investigation is a statutory investigation established to examine a matter of public concern. They are less expensive and quicker than a tribunal of inquiry. Commissions of investigation can be established under the Commissions of Investigation Act 2004.
A commission is set up by government order which must be approved by the Dáil and Seanad. The terms of reference are set by the Government or by an individual Minister. These terms must be accompanied by statements setting out the expected time and cost of an investigation.
A commission is entitled to compel witnesses to give evidence. It can also direct a person to provide it with any documents in the person’s possession or power relating to the matter under investigation. If the person fails to comply, the commission can apply to the court to compel compliance with this request. Alternatively, the Commission may impose a costs order against the individual for the costs incurred by all other parties arising from the delay.
The power to compel witnesses and evidence is the key difference between a statutory Inquiry and a non-Statutory Inquiry. Those impacted most by the issues which a statutory Inquiry are investigating (in this case survivors of abuse) are typically entitled to be legally represented in a Commission of Investigation.
What Happens Next?
Minister Foley indicated that work on establishing the Commission’s Terms of Reference will begin immediately. This is a vital first step as the Terms of Reference will dictate the scope and format of the Inquiry. It is important that those who have suffered most are consulted and given an opportunity to inform the Terms of Reference.
The Government may choose to draw on experiences from recent Inquiries including the Commission of Investigation dealing with the response to complaints or allegations of child sexual abuse made against Bill Kenneally. Our Inquiries and Inquests team acted on behalf of a survivor of abuse perpetrated by prolific paedophile Bill Kenneally. The format of this Inquiry allowed survivors to be placed at the centre of its investigation. This included being permitted to cross examine Mr. Kenneally and others involved in the attempts to cover up the abuse.
The issue of institutional abuse has plagued the island of Ireland for years and has resulted in Inquiries, Commissions of Investigation and multiple legal actions. We continue to represent survivors of child sexual abuse in both the Republic of Ireland and Northern Ireland including survivors of abuse in training schools in Northern Ireland in claims for compensation to the Historical Institutional Abuse Scheme which was established following the HIA Inquiry which concluded its work in 2017.
Unfortunately, many survivors of abuse in Ireland have had their chances of obtaining answers through the Courts scuppered in recent years due to prohibitive limitation periods which prevent survivors from taking legal action for abuse that was perpetrated decades earlier.
The upcoming Commission of Investigation offers those survivors a chance to have their voices heard and to obtain some level of closure by having these issues comprehensively and transparently investigated.