Commission to Inquire into Child Abuse
Encyclopedia
The Commission to Inquire into Child Abuse (CICA) is one of a range of measures introduced by the Irish Government to investigate the extent and effects of abuse
on children from 1936 onwards. It is commonly known in Ireland as the Ryan Commission (previously "the Laffoy
Commission"), after its chair, Justice Seán Ryan
. Judge Laffoy resigned on 2 September 2003, following a departmental review on costs and resources. She felt that: "...the cumulative effect of those factors effectively negated the guarantee of independence conferred on the Commission and militated against it being able to perform its statutory functions." The Commission's work started in 1999 and it published its public report, commonly referred to as the Ryan report, on 20 May 2009.
The Commission's remit was to investigate all forms of child abuse in Irish institutions for children; the majority of allegations it investigated related to the system of sixty residential "Reformatory and Industrial Schools" operated by Catholic Church orders, funded and supervised by the Irish Department of Education
.
The Commission's report said testimony had demonstrated beyond a doubt that the entire system treated children more like prison inmates and slaves than people with legal rights and human potential, that some religious officials encouraged ritual beatings and consistently shielded their orders amid a "culture of self-serving secrecy", and that government inspectors failed to stop the abuses.
Among the more extreme allegations of abuse were beatings and rapes, subjection to naked beatings in public, being forced into oral sex and even subjection to beatings after failed rape attempts by brothers. The abuse has been described by some as Ireland's Holocaust. The abuse was said to be "endemic" in the institutions that dealt with boys. The UK based Guardian
newspaper, described the abuse as "the stuff of nightmares", citing the adjectives used in the report as being particularly chilling: "systemic, pervasive, chronic, excessive, arbitrary, endemic".
The Report's conclusions section (Chapter 6) supports the overall tenor of the accusations without exception. However, the Commission's recommendations were restricted in scope by two rules imposed by the Irish government, and therefore do not include calls for the prosecution or sanction of any of the parties involved.
UK Acts of Parliament had provided for:
where they could learn life skills, and be fed and educated. This was considered an improvement on the Workhouse
system of poor relief. The harsh system was improved over decades, particularly by the Children Act 1908
that was enacted by the Liberal government. Though the 2009 Report deals with each type of school separately, they and similar schools are referred to generally as "residential institutions".
Where the children were from Catholic families, the Roman Catholic Church in Ireland
insisted on supervising their care and upbringing by running most of these institutions in Ireland. A handful of Irish Catholic authors such as Michael McCarthy
and Frank Hugh O'Donnell
criticised the Church's un-audited state funding, and the state's inadequate supervision in 1900-1910. They were generally ignored by the growing Nationalist
movement that had firm support from the Church, and also by the British administration based in Dublin Castle
.
in 1922, little was done to update the 1908 Act or to ensure that its rules were observed, particularly those on corporal punishment. The purpose of the Act was to humanise reformatory and industrial schools and orphanages, and to reduce physical punishment. The 1908 Act regulations remained in force in Ireland almost unchanged until the 1970s, while elsewhere in Europe more progressive regimes developed, mainly after 1945. In contrast, the 1941 Children's Act, drafted while Éamon de Valera
was briefly Minister of the Department of Education, reduced the minimum age of inmates to below 6 years, allowing small children to be detained because of their parents' poverty.
From the 1850s on day-to-day management had passed to several Orders affiliated to the Irish Catholic Church
, as it insisted on educating its younger members. Oversight was the duty of the British administration in Ireland, and then of the Irish Department of Education from 1922 on. 5 Protestant schools had also existed, with the last one closing in 1917. Maintenance costs were paid by the department on a capitation (head-counting) basis, but the internal accounts of each school were never published. Over decades the Orders would typically answer any official complaint by pointing to the low capitation amount.
A major review of the system by Thomas Derrig in 1933-36 left it largely unchanged, as did the 1941 Children's Act. It has been suggested that Derrig refused to reform the system in line with the British reforms of 1923 and 1933 because of his strongly anti-British stance during the Irish independence process in 1916-23. The critical Cussen Report (1936) that followed, and a report in 1946-48 by the Irish-American priest Father Flanagan, were shelved. Archbishop McQuaid
of Dublin sought a private report on Artane from Father Moore in 1962, but this was also shelved.
Other bodies such as the Irish Society for the Prevention of Cruelty to Children
(ISPCC; before 1956 the NSPCC) were also involved in sending needy children to the institutions, for want of alternatives. Some 60% of their cases were referred by the parents. In the 1940s the Society had pointed out that higher social welfare payments to poor families would be cheaper than paying the capitation amounts to industrial schools.
The numbers of child inmates peaked in the early to mid-1940s. Numbers declined after the introduction of "children's allowance" payments in the 1940s. The Adoption Act 1952 and increased wealth and other social welfare measures reduced the number of needy children in the 1950s. Family shame often sent the mothers of illegitimate children to similarly-run Magdalen Asylums.
, providing the vital external stimulus for reform. Finally the 1970 Kennedy Report, prepared in 1967-70, though flawed in parts, led to the abolition of the schools over the next decade, starting with Artane
in 1969. In the interim, tens of thousands of children had been inmates, some from infancy. Despite frequent complaints and enquiries that called for reforms, the official line until the 1990s was that nobody in government, the church or the civil service really knew what was taking place. Notably, Micheal Martin
stated on 13 May 1999 that: The concept of the child as a separate individual with rights came late to this country.
and legal costs. Principally the "States of fear
" television series made by Mary Raftery
for RTÉ
caused questions to be raised in the Dáil in April 1999. The Taoiseach
Bertie Ahern
promptly apologised in May 1999: On behalf of the State and of all citizens of the State, the Government wishes to make a sincere and long overdue apology to the victims of childhood abuse for our collective failure to intervene, to detect their pain, to come to their rescue. In April–May 2000 his government passed the "Commission to Inquire into Child Abuse Act, 2000". The institutions were renamed "residential institutions" inclusively comprising "a school, an industrial school, a reformatory school, an orphanage, a hospital, a children’s home and any other place where children are cared for other than as members of their families.
CICA's investigations were made through two sub-committees:
Though funded by the Department of Education, the CICA has found itself occasionally hindered by it and by various church bodies, particularly for lack of documents. As a result its first chairman, Judge Laffoy, resigned in 2003, in part because of a lengthy review process that caused a 9-month delay. This review was sponsored by the Department and headed by Seán Ryan, a senior barrister
, who then became CICA's next chairman.
Mr Ryan's appointment was accompanied by a government comment by Noel Dempsey
that he was also to be made a judge. This was a surprise at the time, as Irish High Court judges are limited in number by law, and no vacancies then existed. Questions arose on the impartiality of CICA, but in the event its final Report has been thoroughly researched. CICA's limitations were imposed by the 2000 Act, and it reconsidered its approach and focus in the "Emergence Hearings" which began in mid-2004, requiring all the parties involved to complete a series of questionnaires. It also published a number of interim reports.
Following the Emergence Hearings the 2000 Act was amended by a further Act in 2005. A principal reform (section 8) was to prohibit the identification of an alleged abuser unless convicted of the abuse in question.
Notably, while every witness to the Commission gave evidence of frequent corporal punishment
, applied contrary to the regulations and therefore criminally, no Church witness came forward to certify a single such case. Difficulties arose where complainants or the accused were involved in parallel criminal or civil cases, such as the vaccine
trials performed on inmate children. With such divergent views the CICA's task has been difficult and contentious, but it has agreed with the evidence given by the complainants. Given Mr. Ahern's general apology in 1999, it would be hard to conclude otherwise.
. The first objective set for the Commission was to consider the broad terms of reference then provided to it, determine if these needed refining, and recommend to Government the powers and safeguards it would need to do its work effectively. The Commission reported to the Government in September and October 1999. The Commission to Inquire into Child Abuse Act, 2000 (the Act) was enacted on 26 April 2000. The 2000 Act followed closely the recommendations in the reports of the non-statutory Commission, and was extended by the Commission to Inquire into Child Abuse (Amendment) Act, 2005.
The Statutory Commission established under the 2000–2005 Acts had four primary functions:
A "child" was defined to be anyone under the age of 18, an "institution" was any place where children were cared for other than as members of their families, and four types of abuse were included in the Commission's mandate:
The Commission worked through two complementary teams. The "Confidential Committee" provided a private forum for witnesses to "recount in full the abuse suffered by them in an atmosphere that is sympathetic to, and understanding of, them, and as informally as is possible in the circumstances." [§4 (b) of the 2005 Act]. This committee’s report was not permitted to identify witnesses, or persons against whom they made allegations, or the institutions in which they alleged they were abused. There was "no opportunity for anyone involved to challenge the veracity of the statements made."
The "Investigation Committee" on the other hand heard evidence from witnesses who wished to have their allegations investigated. For this reason, respondents from Religious Orders and others could also give evidence and might be compelled to attend and/or produce documents required by the Committee. All parties were entitled to legal representation and to cross examine. 26 public hearings were held in 2005 and transcripts published, but most hearings were held in private.
Overall. Physical and emotional abuse and neglect were features of the institutions. Sexual abuse occurred in many of them, particularly boys’ institutions. Schools were run in a severe, regimented manner that imposed unreasonable and oppressive discipline on children and even on staff.
Physical abuse. The Reformatory and Industrial Schools depended on rigid control by means of severe corporal punishment
and the fear of such punishment. A climate of fear, created by pervasive, excessive and arbitrary punishment, permeated most of the institutions and all those run for boys. Children lived with the daily terror of not knowing where the next beating was coming from.
Sexual abuse. Sexual abuse was endemic in boys’ institutions. The schools investigated revealed a substantial level of sexual abuse of boys in care that extended over a range from improper touching and fondling to rape with violence. Perpetrators of abuse were able to operate undetected for long periods at the core of institutions. When confronted with evidence of sexual abuse, the response of the religious authorities was to transfer the offender to another location where, in many instances, he was free to abuse again. The safety of children in general was not a consideration. The situation in girls’ institutions was different. Although girls were subjected to predatory sexual abuse by male employees or visitors or in outside placements, sexual abuse was not systemic in girls’ schools.
Neglect. Poor standards of physical care were reported by most male and female complainants. Children were frequently hungry and food was inadequate, inedible and badly prepared in many schools. Accommodation was cold, spartan and bleak. Sanitary provision was primitive in most boys’ schools and general hygiene facilities were poor.
Emotional abuse. Witnesses spoke of being belittled and ridiculed on a daily basis. Private matters such as bodily functions and personal hygiene were used as opportunities for degradation and humiliation. Personal and family denigration was widespread. There was constant criticism and verbal abuse and children were told they were worthless.
Supervision by the Department of Education. The system of inspection by the Department was fundamentally flawed and incapable of being effective. Complaints by parents and others made to the Department were not properly investigated. The Department did not apply the standards in the rules and their own guidelines when investigating complaints, but sought to protect and defend the religious Congregations and the schools. The Department dealt inadequately with complaints about sexual abuse, which were generally dismissed or ignored.
To alleviate or otherwise address the effects of the abuse on those who suffered
To prevent where possible and reduce the incidence of abuse of children in institutions and to protect children from such abuse.
Name and shame. It was originally intended that abusers would be publicly named in the Commission's report. However the Commission was blocked from doing so by a legal challenge from the Christian Brothers
. The Brothers sought and received permission to deal with abusers anonymously. Thus the report does not state whether all abusers were or were not members of the religious orders in charge of the schools, or whether external parties were involved.
External impact. The report does not consider the effects of the abuse on the psychological welfare of the parents of children who were in the control of the system. That at least some parents were concerned about their children was clearly shown by the lengths to which one father went to obtain the return of his children in the celebrated case in re Doyle, which was the subject of the 2002 film Evelyn
.
Motivation. The conclusions of the report do not consider the motivations of the abusers; although the inclusion of a financial report by the accountancy firm of Mazars, and various financial references combine to create an impression of financial motivation, this is not discussed or challenged. The report refers to, but makes no attempt to explain, the enthusiasm of the judiciary and the ISPCC for incarcerating children.
Among some of the strongest abuse claims: one person described how they attempted to tell nuns they had been molested by an ambulance driver, only to be "stripped naked and whipped by four nuns to 'get the devil out of you'". Another described how they were removed from their bed and "made to walk around naked with other boys whilst brothers used their canes and flicked at their penis". Yet another was "tied to a cross and raped whilst others masturbated at the side".
called the report "a devastating indictment of Church and State authorities," "the map of an Irish hell." "The sheer scale and longevity of the torment inflected on defenceless children – over 800 known abusers in over 200 Catholic institutions during a period of 35 years – should alone make it clear that it was not accidental or opportunistic but systematic. Abuse was not a failure of the system. It was the system."
Irish President
Mary McAleese
called the abuse "an atrocious betrayal of love", saying: "My heart goes out to the victims of this terrible injustice, an injustice compounded by the fact that they had to suffer in silence for so long."
Irish Minister for Finance
, Brian Lenihan
, called for religious orders to increase their contributions to the State compensation fund.
Irish Minister for Justice, Equality and Law Reform, Dermot Ahern
, said the report would be examined by members of the Garda Síochána
to check for possible criminal prosecutions.
A book of solidarity was opened at the Mansion House
in Dublin, with more than 2,000 people having signed it by 23 May 2009. Lord Mayor of Dublin
, Eibhlin Byrne
, described how citizens were approaching her to personally express their solidarity as well.
Seán Cardinal Brady
(leader of the Catholic Church in Ireland) said he was "profoundly sorry and deeply ashamed that children suffered in such awful ways in these institutions. This report makes it clear that great wrong and hurt were caused to some of the most vulnerable children in our society. It documents a shameful catalogue of cruelty: neglect, physical, sexual and emotional abuse, perpetrated against children." He declared that anyone responsible for abusing children in Catholic-run institutions should be held to account. This was echoed by Most Reverend Vincent Nichols (leader of the Catholic Church in England and Wales) "no matter how long ago it happened".
Father Michael Mernagh, the 70-year-old Augustinian
priest who recently made a 272 km pilgrimage from Cobh
to Dublin in atonement for the church's response to clerical child sex abuse said he was appalled at the extent and longevity of the abuse, "particularly at the role of the state and the government that seem to have colluded in actually encouraging children to be brought into these institutions to keep up the numbers."
The report itself cannot be used for criminal proceedings (in part because the Christian Brothers
successfully sued the commission to prevent its members from being named in the report) and victims say they feel "cheated and deceived" by the lack of prosecutions, and "because of that this inquiry is deeply flawed, it's incomplete and many might call it a whitewash."
Counselling services reported a significant rise in calls following the release of the report, with some centres being inundated despite bringing in extra volunteers. Callers included people who had never spoken of their abuse before, publication of the report having re-opened their old wounds.
On 25 May 2009, the Irish Times printed the reaction of Diarmuid Martin
, the Archbishop of Dublin
, who said (partially quoting a correspondent),
On 10 June 2009 a solidarity march for victims of abuse was held in Dublin, going from the Garden of Remembrance
in Parnell Square to Leinster House
.
, Vincent Nichols, was quoted as saying:
The quote sparked controversy, with John Kelly of Irish Survivors of Child Abuse, saying it was an "outrageous statement to make".
in the UK and The Sydney Morning Herald
in Australia, expressing horror at the revelations. The Canberra Times
described the publication as a "major new report", reporting that Australia's clergy would be examined for any links to the "grim sexual abuse allegations" from Ireland. Arab News
, an English language newspaper from the Middle East
, said the report made "appalling reading". The Taipei Times
reported on the "shocking scale" of sexual and physical abuse in Ireland's educational institutions. American networks, including ABC News
and CNN
, covered the story, as did the BBC
, CBC
, and Sky News
. Time
reviewed the "most depraved acts" committed in its coverage of the story. The front page of 21 May 2009 edition of The New York Times
told of "Ireland's shameful tragedy", leading to reactions describing a "Nuremberg trial
, Irish-style, with no names, no prosecution and no court appearances."
In June 2009, on a visit to the Vatican, bishops Martin and Brady heard from Pope Benedict XVI
that he had: "... urged them to establish the truth of what has happened, ensure that justice is done for all, put in place the measures that will prevent these abuses happening again, with a view to healing for survivors." After years of stone-walling, silence and frequent refusals for information by the Irish Church, it remains to be seen how it will implement his instructions.
(an umbrella group representing 138 religious congregations) on behalf of 18 religious Orders that had run the residential institutions, and the then Minister Michael Woods. This indemnified the Orders from legal action, whereby any costs would now be met by the Irish taxpayer, in return for a transfer of property and assets to the government worth €128 million. No representatives of the victims were involved in these negotiations. The original plan was to provide adequate funds for the Redress Board, but in the interim an unexpectedly large number of claimants has come forward.
Not only was the deal inadequate to cover the costs of CICA itself, let alone any compensation, but it remained secret until revealed by the media in January 2003. Further, the deal was completed under a caretaker government, at the time of the 2002 election
, on the last day possible, and could thus neither be approved by Cabinet nor be debated in the Dáil. Given that Catholic Orders insisted on educating all the children in question, it unfairly imposes indirect costs on non-Catholic or non-Christian taxpayers.
In the circumstances, and given a net cost to the Irish taxpayer approaching €1,000,000,000, its legality may be questioned. Mr. Woods was criticised by Fine Gael
leader Enda Kenny
amidst calls to reopen negotiations. The religious Orders involved initially refused to reopen compensation negotiation proceedings. Then in April 2010 an agreement was announced whereby another €348m would be paid. This followed negotiations in late 2009 with 18 church groups, though it seems that the letters of offer were accepted as such by government, without proof of any effort to increase the amounts offered. The 2010 announcement also confirmed for the first time that the entire process since 1999 had led to ".. costs of well over a billion euro being incurred by the State".
The Republic of Ireland's government is also aware of the enormous compensation awards
made in the USA, where prosecution of alleged criminals is more robust. Ireland is currently (2011) undergoing a financial crisis
, making it much harder to justify the costs of prosecutions and compensation.
Though still a matter for debate, the indemnity deal has complicated the question of ultimate blame. For decades the Government and Department of Education were to blame for lack of oversight, various parts of the Catholic Church refused to reform internal systems, the police generally ignored complaints, and the courts sent small children to the institutions with little concern for their rights. The 2002 deal has appeared in hindsight to be a well-intentioned but unsatisfactory attempt at a quick fix. In May 2009 CORI agreed to contribute more to the envisaged higher compensation amounts.
in Rathgar. Often girls "in trouble" were brought to the home by a Protestant minister. While these were affiliated to the Church of Ireland
, and used by its parishioners, it is claimed the home was not run by the church itself, however members of the church sat on the board of the home and the home was designated by the Church of Ireland as a suitable place for Protestant girls on remand, and recognised by the courts as a place of detention. The Bethany Survivors Group continues to campaign to the newly elected government for inclusion in the redress scheme.
Some residential institutions founded and run by members of the Church of Ireland such as Stewart's Hospital and Miss Carr's Children's Home, do to their connection with the Eastern Health Board, do come under the remit of the redress board scheme and victims are entitled to petition it for compensation. These were added to the redress list following complaints and campaigns that they were being excluded.
Campaigners also campaigned for a number of Protestant run children's residences and former orphanages such as The Smyly Homes
which were regulated by the state, and subject to departmental inspection, to be included in the Redress scheme.
There was eleven Mrs. Smyly's homes which the government is in dialogue with over some contribution to the redress fund.
Some Church of Ireland run institutions for older children like the Cottage Home and Birds Nest have been included in the list of institutions for the Redress Scheme, since these homes were found to have allowed a vaccines to be tested on their residents in trials by the Department of Medical Microbiology at University College Dublin
.
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
on children from 1936 onwards. It is commonly known in Ireland as the Ryan Commission (previously "the Laffoy
Mary Laffoy
-Career:She is most notable for presiding over the Commission to Inquire into Child Abuse, known as the "Laffoy Commission", an inquiry into child abuse, before causing controversy by resigning as its chair....
Commission"), after its chair, Justice Seán Ryan
Seán Ryan (Irish judge)
Seán Ryan is a judge of the Irish High Court.As a barrister, he was Senior Counsel to the inquiry into abuse in the Catholic diocese of Ferns , and was chairman of the Compensation Advisory Committee that prepared guidelines on compensation to be paid to abuse survivors at the Residential...
. Judge Laffoy resigned on 2 September 2003, following a departmental review on costs and resources. She felt that: "...the cumulative effect of those factors effectively negated the guarantee of independence conferred on the Commission and militated against it being able to perform its statutory functions." The Commission's work started in 1999 and it published its public report, commonly referred to as the Ryan report, on 20 May 2009.
The Commission's remit was to investigate all forms of child abuse in Irish institutions for children; the majority of allegations it investigated related to the system of sixty residential "Reformatory and Industrial Schools" operated by Catholic Church orders, funded and supervised by the Irish Department of Education
Department of Education and Science (Ireland)
The Department of Education and Skills is a department of the Government of Ireland. It is led by the Minister for Education and Skills who is assisted by two Ministers of State.-Departmental team:...
.
The Commission's report said testimony had demonstrated beyond a doubt that the entire system treated children more like prison inmates and slaves than people with legal rights and human potential, that some religious officials encouraged ritual beatings and consistently shielded their orders amid a "culture of self-serving secrecy", and that government inspectors failed to stop the abuses.
Among the more extreme allegations of abuse were beatings and rapes, subjection to naked beatings in public, being forced into oral sex and even subjection to beatings after failed rape attempts by brothers. The abuse has been described by some as Ireland's Holocaust. The abuse was said to be "endemic" in the institutions that dealt with boys. The UK based Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
newspaper, described the abuse as "the stuff of nightmares", citing the adjectives used in the report as being particularly chilling: "systemic, pervasive, chronic, excessive, arbitrary, endemic".
The Report's conclusions section (Chapter 6) supports the overall tenor of the accusations without exception. However, the Commission's recommendations were restricted in scope by two rules imposed by the Irish government, and therefore do not include calls for the prosecution or sanction of any of the parties involved.
Background
Chapter 2 of the Report outlines the history of institutional assistance for children in Ireland.UK Acts of Parliament had provided for:
- Reformatory schools for younger criminals from 1858, and
- Industrial schools for destitute and/or orphaned children from 1868,
where they could learn life skills, and be fed and educated. This was considered an improvement on the Workhouse
Workhouse
In England and Wales a workhouse, colloquially known as a spike, was a place where those unable to support themselves were offered accommodation and employment...
system of poor relief. The harsh system was improved over decades, particularly by the Children Act 1908
Children Act 1908
The 1908 Children's Act, also known as Children and Young Persons Act, part of the Children's Charter was a piece of government legislation passed by the Liberal government, as part of the British Liberal Party's liberal reforms package...
that was enacted by the Liberal government. Though the 2009 Report deals with each type of school separately, they and similar schools are referred to generally as "residential institutions".
Where the children were from Catholic families, the Roman Catholic Church in Ireland
Roman Catholicism in Ireland
The Catholic Church in Ireland is part of the worldwide Catholic Church, the Christian Church with full communion with the Pope, currently Benedict XVI...
insisted on supervising their care and upbringing by running most of these institutions in Ireland. A handful of Irish Catholic authors such as Michael McCarthy
Michael McCarthy (Irish lawyer)
Michael John Fitzgerald McCarthy was an Irish lawyer and an anti-clerical author.-Youth:...
and Frank Hugh O'Donnell
Frank Hugh O'Donnell
Frank Hugh O'Donnell , born Francis Hugh MacDonald was an Irish writer, journalist and nationalist politician.-Early life:...
criticised the Church's un-audited state funding, and the state's inadequate supervision in 1900-1910. They were generally ignored by the growing Nationalist
Irish nationalism
Irish nationalism manifests itself in political and social movements and in sentiment inspired by a love for Irish culture, language and history, and as a sense of pride in Ireland and in the Irish people...
movement that had firm support from the Church, and also by the British administration based in Dublin Castle
Dublin Castle
Dublin Castle off Dame Street, Dublin, Ireland, was until 1922 the fortified seat of British rule in Ireland, and is now a major Irish government complex. Most of it dates from the 18th century, though a castle has stood on the site since the days of King John, the first Lord of Ireland...
.
Continuance by Irish Free State
After the establishment of the Irish Free StateIrish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
in 1922, little was done to update the 1908 Act or to ensure that its rules were observed, particularly those on corporal punishment. The purpose of the Act was to humanise reformatory and industrial schools and orphanages, and to reduce physical punishment. The 1908 Act regulations remained in force in Ireland almost unchanged until the 1970s, while elsewhere in Europe more progressive regimes developed, mainly after 1945. In contrast, the 1941 Children's Act, drafted while Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
was briefly Minister of the Department of Education, reduced the minimum age of inmates to below 6 years, allowing small children to be detained because of their parents' poverty.
From the 1850s on day-to-day management had passed to several Orders affiliated to the Irish Catholic Church
Roman Catholicism in Ireland
The Catholic Church in Ireland is part of the worldwide Catholic Church, the Christian Church with full communion with the Pope, currently Benedict XVI...
, as it insisted on educating its younger members. Oversight was the duty of the British administration in Ireland, and then of the Irish Department of Education from 1922 on. 5 Protestant schools had also existed, with the last one closing in 1917. Maintenance costs were paid by the department on a capitation (head-counting) basis, but the internal accounts of each school were never published. Over decades the Orders would typically answer any official complaint by pointing to the low capitation amount.
A major review of the system by Thomas Derrig in 1933-36 left it largely unchanged, as did the 1941 Children's Act. It has been suggested that Derrig refused to reform the system in line with the British reforms of 1923 and 1933 because of his strongly anti-British stance during the Irish independence process in 1916-23. The critical Cussen Report (1936) that followed, and a report in 1946-48 by the Irish-American priest Father Flanagan, were shelved. Archbishop McQuaid
John Charles McQuaid
John Charles McQuaid, C.S.Sp. was the Catholic Archbishop of Dublin and Primate of Ireland between December 1940 and February 1972.- Early life 1895-1914:...
of Dublin sought a private report on Artane from Father Moore in 1962, but this was also shelved.
Other bodies such as the Irish Society for the Prevention of Cruelty to Children
Irish Society for the Prevention of Cruelty to Children
The Irish Society for the Prevention of Cruelty to Children is an Irish charity that advocates for children's rights and provides services for children in need...
(ISPCC; before 1956 the NSPCC) were also involved in sending needy children to the institutions, for want of alternatives. Some 60% of their cases were referred by the parents. In the 1940s the Society had pointed out that higher social welfare payments to poor families would be cheaper than paying the capitation amounts to industrial schools.
The numbers of child inmates peaked in the early to mid-1940s. Numbers declined after the introduction of "children's allowance" payments in the 1940s. The Adoption Act 1952 and increased wealth and other social welfare measures reduced the number of needy children in the 1950s. Family shame often sent the mothers of illegitimate children to similarly-run Magdalen Asylums.
Reform starts in the 1960s
The OECD reported on Irish schools and levels of education in 1962-68, as an essential part of the process of Ireland's 1973 accession into the EECEuropean Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
, providing the vital external stimulus for reform. Finally the 1970 Kennedy Report, prepared in 1967-70, though flawed in parts, led to the abolition of the schools over the next decade, starting with Artane
Artane Industrial school
St. Josephs Industrial School, Artane was an industrial school run by the Christian Brothers in Artane, Dublin from 1870 to 1969.It closed in 1969.-History:The school opened on 28 July 1870, in Artane Castle with fifty-six acres of land added....
in 1969. In the interim, tens of thousands of children had been inmates, some from infancy. Despite frequent complaints and enquiries that called for reforms, the official line until the 1990s was that nobody in government, the church or the civil service really knew what was taking place. Notably, Micheal Martin
Micheál Martin
Micheál Martin is an Irish politician who has been leader of Fianna Fáil since January 2011. He is a Teachta Dála for the Cork South Central constituency...
stated on 13 May 1999 that: The concept of the child as a separate individual with rights came late to this country.
The CICA legislation, 1999-2005
A series of media revelations in the 1990s led to legal actions by former inmates that the government realised would succeed, resulting in substantial damagesDamages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
and legal costs. Principally the "States of fear
States of Fear
States of Fear was a documentary series produced by Mary Raftery and broadcast on the Irish television channel Radio Telefís Éireann between April and May 1999....
" television series made by Mary Raftery
Mary Raftery
Mary Raftery is an Irish filmmaker and writer.Her film States of fear was broadcast on the Irish television channel Raidió Teilifís Éireann in 1999....
for RTÉ
RTE
RTÉ is the abbreviation for Raidió Teilifís Éireann, the public broadcasting service of the Republic of Ireland.RTE may also refer to:* Recep Tayyip Erdoğan, 25th Prime Minister of Turkey...
caused questions to be raised in the Dáil in April 1999. The Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
promptly apologised in May 1999: On behalf of the State and of all citizens of the State, the Government wishes to make a sincere and long overdue apology to the victims of childhood abuse for our collective failure to intervene, to detect their pain, to come to their rescue. In April–May 2000 his government passed the "Commission to Inquire into Child Abuse Act, 2000". The institutions were renamed "residential institutions" inclusively comprising "a school, an industrial school, a reformatory school, an orphanage, a hospital, a children’s home and any other place where children are cared for other than as members of their families.
- The CICA was initially envisaged as an independent statutory body for the former inmates to record their experiences.
- A "Redress Board" was created alongside CICA under a 2002 Act, and would pay compensation as recommended.
CICA's investigations were made through two sub-committees:
- A Confidential Committee that allowed the complainants to recite their experiences "in a confidential setting".
- A more pro-active Investigation Committee where witnesses could be compelled to attend.
Though funded by the Department of Education, the CICA has found itself occasionally hindered by it and by various church bodies, particularly for lack of documents. As a result its first chairman, Judge Laffoy, resigned in 2003, in part because of a lengthy review process that caused a 9-month delay. This review was sponsored by the Department and headed by Seán Ryan, a senior barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, who then became CICA's next chairman.
Mr Ryan's appointment was accompanied by a government comment by Noel Dempsey
Noel Dempsey
Noel Dempsey is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Meath and Meath West constituencies from 1987 to 2011...
that he was also to be made a judge. This was a surprise at the time, as Irish High Court judges are limited in number by law, and no vacancies then existed. Questions arose on the impartiality of CICA, but in the event its final Report has been thoroughly researched. CICA's limitations were imposed by the 2000 Act, and it reconsidered its approach and focus in the "Emergence Hearings" which began in mid-2004, requiring all the parties involved to complete a series of questionnaires. It also published a number of interim reports.
Following the Emergence Hearings the 2000 Act was amended by a further Act in 2005. A principal reform (section 8) was to prohibit the identification of an alleged abuser unless convicted of the abuse in question.
Notably, while every witness to the Commission gave evidence of frequent corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
, applied contrary to the regulations and therefore criminally, no Church witness came forward to certify a single such case. Difficulties arose where complainants or the accused were involved in parallel criminal or civil cases, such as the vaccine
Vaccination
Vaccination is the administration of antigenic material to stimulate the immune system of an individual to develop adaptive immunity to a disease. Vaccines can prevent or ameliorate the effects of infection by many pathogens...
trials performed on inmate children. With such divergent views the CICA's task has been difficult and contentious, but it has agreed with the evidence given by the complainants. Given Mr. Ahern's general apology in 1999, it would be hard to conclude otherwise.
Establishment and functions
The Commission was first established on an administrative basis in May 1999, under Judge Mary LaffoyMary Laffoy
-Career:She is most notable for presiding over the Commission to Inquire into Child Abuse, known as the "Laffoy Commission", an inquiry into child abuse, before causing controversy by resigning as its chair....
. The first objective set for the Commission was to consider the broad terms of reference then provided to it, determine if these needed refining, and recommend to Government the powers and safeguards it would need to do its work effectively. The Commission reported to the Government in September and October 1999. The Commission to Inquire into Child Abuse Act, 2000 (the Act) was enacted on 26 April 2000. The 2000 Act followed closely the recommendations in the reports of the non-statutory Commission, and was extended by the Commission to Inquire into Child Abuse (Amendment) Act, 2005.
The Statutory Commission established under the 2000–2005 Acts had four primary functions:
- to listen to victims of childhood abuse who want to recount their experiences to a sympathetic forum;
- to fully investigate all allegations of abuse made to it, except where the victim does not wish for an investigation;
- to consider whether the way institutions were managed, administered, supervised and regulated contributed to the occurrence of abuse and
- to publish a report on its findings to the general public, with recommendations to address the effects of abuse on those who suffered and to prevent future abuse of children in institutions.
A "child" was defined to be anyone under the age of 18, an "institution" was any place where children were cared for other than as members of their families, and four types of abuse were included in the Commission's mandate:
- Physical abusePhysical abusePhysical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
– infliction of, or failure to prevent, physical injury to the child. - Sexual abuseSexual abuseSexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
– the use of the child for sexual arousal or sexual gratification. - NeglectNeglectNeglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
– failure to care for the child which risks or causes serious impairment or serious adverse effects. - Emotional abuse – any other acts or omissions towards the child which risk or cause serious impairment or serious adverse effects.
The Commission worked through two complementary teams. The "Confidential Committee" provided a private forum for witnesses to "recount in full the abuse suffered by them in an atmosphere that is sympathetic to, and understanding of, them, and as informally as is possible in the circumstances." [§4 (b) of the 2005 Act]. This committee’s report was not permitted to identify witnesses, or persons against whom they made allegations, or the institutions in which they alleged they were abused. There was "no opportunity for anyone involved to challenge the veracity of the statements made."
The "Investigation Committee" on the other hand heard evidence from witnesses who wished to have their allegations investigated. For this reason, respondents from Religious Orders and others could also give evidence and might be compelled to attend and/or produce documents required by the Committee. All parties were entitled to legal representation and to cross examine. 26 public hearings were held in 2005 and transcripts published, but most hearings were held in private.
Public report
The Commission's report was published on 20 May 2009 in five volumes with an executive summary containing 43 conclusions and 20 recommendations.Conclusions
Conclusions included:Overall. Physical and emotional abuse and neglect were features of the institutions. Sexual abuse occurred in many of them, particularly boys’ institutions. Schools were run in a severe, regimented manner that imposed unreasonable and oppressive discipline on children and even on staff.
Physical abuse. The Reformatory and Industrial Schools depended on rigid control by means of severe corporal punishment
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
and the fear of such punishment. A climate of fear, created by pervasive, excessive and arbitrary punishment, permeated most of the institutions and all those run for boys. Children lived with the daily terror of not knowing where the next beating was coming from.
Sexual abuse. Sexual abuse was endemic in boys’ institutions. The schools investigated revealed a substantial level of sexual abuse of boys in care that extended over a range from improper touching and fondling to rape with violence. Perpetrators of abuse were able to operate undetected for long periods at the core of institutions. When confronted with evidence of sexual abuse, the response of the religious authorities was to transfer the offender to another location where, in many instances, he was free to abuse again. The safety of children in general was not a consideration. The situation in girls’ institutions was different. Although girls were subjected to predatory sexual abuse by male employees or visitors or in outside placements, sexual abuse was not systemic in girls’ schools.
Neglect. Poor standards of physical care were reported by most male and female complainants. Children were frequently hungry and food was inadequate, inedible and badly prepared in many schools. Accommodation was cold, spartan and bleak. Sanitary provision was primitive in most boys’ schools and general hygiene facilities were poor.
Emotional abuse. Witnesses spoke of being belittled and ridiculed on a daily basis. Private matters such as bodily functions and personal hygiene were used as opportunities for degradation and humiliation. Personal and family denigration was widespread. There was constant criticism and verbal abuse and children were told they were worthless.
Supervision by the Department of Education. The system of inspection by the Department was fundamentally flawed and incapable of being effective. Complaints by parents and others made to the Department were not properly investigated. The Department did not apply the standards in the rules and their own guidelines when investigating complaints, but sought to protect and defend the religious Congregations and the schools. The Department dealt inadequately with complaints about sexual abuse, which were generally dismissed or ignored.
Limits of Scope
The scope of the CICA's recommendations was limited from the outset to two categories; a limitation that has been widely criticised. In essence, the Irish taxpayer is to pay for the Commission's costs and any compensation, but without knowing who exactly was to blame, and without prosecutions for what were clearly criminal acts or omissions. CICA acknowledged that it .. was required to make recommendations under two headings:To alleviate or otherwise address the effects of the abuse on those who suffered
To prevent where possible and reduce the incidence of abuse of children in institutions and to protect children from such abuse.
Name and shame. It was originally intended that abusers would be publicly named in the Commission's report. However the Commission was blocked from doing so by a legal challenge from the Christian Brothers
Congregation of Christian Brothers
The Congregation of Christian Brothers is a worldwide religious community within the Catholic Church, founded by Blessed Edmund Rice. The Christian Brothers, as they are commonly known, chiefly work for the evangelisation and education of youth, but are involved in many ministries, especially with...
. The Brothers sought and received permission to deal with abusers anonymously. Thus the report does not state whether all abusers were or were not members of the religious orders in charge of the schools, or whether external parties were involved.
External impact. The report does not consider the effects of the abuse on the psychological welfare of the parents of children who were in the control of the system. That at least some parents were concerned about their children was clearly shown by the lengths to which one father went to obtain the return of his children in the celebrated case in re Doyle, which was the subject of the 2002 film Evelyn
Evelyn (film)
Evelyn is a 2002 drama film, loosely based on the true story of Desmond Doyle and his fight against the Irish courts to be reunited with his children. The film stars Sophie Vavasseur in the title role, Pierce Brosnan as her father and Aidan Quinn, Julianna Margulies and Stephen Rea as supporters to...
.
Motivation. The conclusions of the report do not consider the motivations of the abusers; although the inclusion of a financial report by the accountancy firm of Mazars, and various financial references combine to create an impression of financial motivation, this is not discussed or challenged. The report refers to, but makes no attempt to explain, the enthusiasm of the judiciary and the ISPCC for incarcerating children.
Allegations and their extent
The report dealt with allegations collected over a period of nine years between 2000 and 2008. These related to experiences between 1914 and the opening of the commission. Hearings were held in Ireland, the UK and elsewhere. Of the approximately 25,000 children who had attended the institutions in the time period concerned, around one thousand five hundred persons came forward with complaints to the commission. Commission records show that 474 claims of physical abuse and 253 claims of sexual abuse were made by boys against the institutions in that period. Records show that 383 claims of physical abuse and 128 claims of sexual abuse were made by girls against institutions over the years concerned. These claims covered all levels of abuse from the most serious down, and were made against both religious and lay personnel. The majority of sexual abuse claims by girls were against staff that should have been supervised by the religious orders.Among some of the strongest abuse claims: one person described how they attempted to tell nuns they had been molested by an ambulance driver, only to be "stripped naked and whipped by four nuns to 'get the devil out of you'". Another described how they were removed from their bed and "made to walk around naked with other boys whilst brothers used their canes and flicked at their penis". Yet another was "tied to a cross and raped whilst others masturbated at the side".
Irish reaction
The Irish TimesThe Irish Times
The Irish Times is an Irish daily broadsheet newspaper launched on 29 March 1859. The editor is Kevin O'Sullivan who succeeded Geraldine Kennedy in 2011; the deputy editor is Paul O'Neill. The Irish Times is considered to be Ireland's newspaper of record, and is published every day except Sundays...
called the report "a devastating indictment of Church and State authorities," "the map of an Irish hell." "The sheer scale and longevity of the torment inflected on defenceless children – over 800 known abusers in over 200 Catholic institutions during a period of 35 years – should alone make it clear that it was not accidental or opportunistic but systematic. Abuse was not a failure of the system. It was the system."
Irish President
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
Mary McAleese
Mary McAleese
Mary Patricia McAleese served as the eighth President of Ireland from 1997 to 2011. She was the second female president and was first elected in 1997 succeeding Mary Robinson, making McAleese the world's first woman to succeed another as president. She was re-elected unopposed for a second term in...
called the abuse "an atrocious betrayal of love", saying: "My heart goes out to the victims of this terrible injustice, an injustice compounded by the fact that they had to suffer in silence for so long."
Irish Minister for Finance
Minister for Finance (Ireland)
The Minister for Finance is the title held by the Irish government minister responsible for all financial and monetary matters. The office-holder controls the Department of Finance and is considered one of the most important members of the Government of Ireland.The current Minister for Finance is...
, Brian Lenihan
Brian Lenihan, Jnr
Brian Joseph Lenihan was an Irish Fianna Fáil politician and barrister who served in the government of Ireland as Minister for Justice, Equality and Law Reform from 2007 to 2008 and as Minister for Finance from 2008 to 2011...
, called for religious orders to increase their contributions to the State compensation fund.
Irish Minister for Justice, Equality and Law Reform, Dermot Ahern
Dermot Ahern
Dermot Christopher Ahern is a former Irish Fianna Fáil politician. He was a Teachta Dála for the Louth constituency from 1987 to 2011...
, said the report would be examined by members of the Garda Síochána
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
to check for possible criminal prosecutions.
A book of solidarity was opened at the Mansion House
Mansion House, Dublin
The Mansion House on Dawson Street, Dublin, is the official residence of the Lord Mayor of Dublin since 1715.-Features:The Mansion House's most famous features include the "Round Room", where the First Dáil assembled on 21 January 1919 to proclaim the Irish Declaration of Independence...
in Dublin, with more than 2,000 people having signed it by 23 May 2009. Lord Mayor of Dublin
Lord Mayor of Dublin
The Lord Mayor of Dublin is the honorific title of the Chairman of Dublin City Council which is the local government body for the city of Dublin, the capital of Ireland. The incumbent is Labour Party Councillor Andrew Montague. The office holder is elected annually by the members of the...
, Eibhlin Byrne
Eibhlin Byrne
Eibhlin Byrne is a former Fianna Fáil politician, and served as Lord Mayor of Dublin from 2008–09.Byrne has held a number of senior positions including Acting Director of the Daughters of Charity Child and Family Service, Head of Communication and Advocacy at Depaul Trust , and Chair of the...
, described how citizens were approaching her to personally express their solidarity as well.
Seán Cardinal Brady
Seán Brady
Seán Baptist Brady is an Irish cardinal of the Catholic Church. He is the current Archbishop of Armagh and Primate of All Ireland, and was elevated to the cardinalate in 2007.-Early life and education:...
(leader of the Catholic Church in Ireland) said he was "profoundly sorry and deeply ashamed that children suffered in such awful ways in these institutions. This report makes it clear that great wrong and hurt were caused to some of the most vulnerable children in our society. It documents a shameful catalogue of cruelty: neglect, physical, sexual and emotional abuse, perpetrated against children." He declared that anyone responsible for abusing children in Catholic-run institutions should be held to account. This was echoed by Most Reverend Vincent Nichols (leader of the Catholic Church in England and Wales) "no matter how long ago it happened".
Father Michael Mernagh, the 70-year-old Augustinian
Augustinians
The term Augustinians, named after Saint Augustine of Hippo , applies to two separate and unrelated types of Catholic religious orders:...
priest who recently made a 272 km pilgrimage from Cobh
Cobh
Cobh is a seaport town on the south coast of County Cork, Ireland. Cobh is on the south side of Great Island in Cork Harbour. Facing the town are Spike Island and Haulbowline Island...
to Dublin in atonement for the church's response to clerical child sex abuse said he was appalled at the extent and longevity of the abuse, "particularly at the role of the state and the government that seem to have colluded in actually encouraging children to be brought into these institutions to keep up the numbers."
The report itself cannot be used for criminal proceedings (in part because the Christian Brothers
Congregation of Christian Brothers
The Congregation of Christian Brothers is a worldwide religious community within the Catholic Church, founded by Blessed Edmund Rice. The Christian Brothers, as they are commonly known, chiefly work for the evangelisation and education of youth, but are involved in many ministries, especially with...
successfully sued the commission to prevent its members from being named in the report) and victims say they feel "cheated and deceived" by the lack of prosecutions, and "because of that this inquiry is deeply flawed, it's incomplete and many might call it a whitewash."
Counselling services reported a significant rise in calls following the release of the report, with some centres being inundated despite bringing in extra volunteers. Callers included people who had never spoken of their abuse before, publication of the report having re-opened their old wounds.
On 25 May 2009, the Irish Times printed the reaction of Diarmuid Martin
Diarmuid Martin
Diarmuid Martin is the Roman Catholic Archbishop of Dublin and Primate of Ireland. He was born in Dublin.-Early life and education:...
, the Archbishop of Dublin
Roman Catholic Archdiocese of Dublin
The Metropolitan Archdiocese of Dublin, , is a Roman Catholic archdiocese in eastern Ireland centred around the republic's capital city – Dublin. The see of Dublin was raised to the status of a Metropolitan Province by the Synod of Kells in 1152. Its jurisdiction includes much of the Province of...
, who said (partially quoting a correspondent),
"'there is always a price to pay for not responding'. The church will have to pay that price in terms of its credibility. The first thing the church has to do is to move out of any mode of denial. Where the church is involved in social care it should be in the vanguard. That is different to a situation in which the church proclaims that it is in the vanguard.... in a very short time another report on the sexual abuse of children will be published, this time about how such abuse was managed in the Archdiocese of DublinRoman Catholic Archdiocese of DublinThe Metropolitan Archdiocese of Dublin, , is a Roman Catholic archdiocese in eastern Ireland centred around the republic's capital city – Dublin. The see of Dublin was raised to the status of a Metropolitan Province by the Synod of Kells in 1152. Its jurisdiction includes much of the Province of...
of which I am archbishop."
On 10 June 2009 a solidarity march for victims of abuse was held in Dublin, going from the Garden of Remembrance
Garden of Remembrance (Dublin)
The Garden of Remembrance is a memorial garden in Dublin dedicated to the memory of "all those who gave their lives in the cause of Irish Freedom"...
in Parnell Square to Leinster House
Leinster House
Leinster House is the name of the building housing the Oireachtas, the national parliament of Ireland.Leinster House was originally the ducal palace of the Dukes of Leinster. Since 1922, it is a complex of buildings, of which the former ducal palace is the core, which house Oireachtas Éireann, its...
.
Westminster controversy
The Catholic Archbishop of WestminsterArchbishop of Westminster
The Archbishop of Westminster heads the Roman Catholic Archdiocese of Westminster, in England. The incumbent is the Metropolitan of the Province of Westminster and, as a matter of custom, is elected President of the Catholic Bishops' Conference of England and Wales, and therefore de facto spokesman...
, Vincent Nichols, was quoted as saying:
I think of those in religious orders and some of the clergy in Dublin who have to face these facts from their past, which instinctively and quite naturally they’d rather not look at. That takes courage, and also we shouldn’t forget that this account today will also overshadow all of the good that they also did.
The quote sparked controversy, with John Kelly of Irish Survivors of Child Abuse, saying it was an "outrageous statement to make".
International reaction
The findings were covered by media from across the world in the days following their publication. As of 23 May 2009, letters were still being sent to The GuardianThe Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
in the UK and The Sydney Morning Herald
The Sydney Morning Herald
The Sydney Morning Herald is a daily broadsheet newspaper published by Fairfax Media in Sydney, Australia. Founded in 1831 as the Sydney Herald, the SMH is the oldest continuously published newspaper in Australia. The newspaper is published six days a week. The newspaper's Sunday counterpart, The...
in Australia, expressing horror at the revelations. The Canberra Times
The Canberra Times
The Canberra Times newspaper was founded in 1926 in Canberra, Australia by Arthur Shakespeare.It was the second paper to be printed in the city, the first being The Federal Capital Pioneer. The paper was sold to the Fairfax group in the 1960s by Arthur Shakespeare on the condition that it continue...
described the publication as a "major new report", reporting that Australia's clergy would be examined for any links to the "grim sexual abuse allegations" from Ireland. Arab News
Arab News
Arab News is an English-language daily newspaper published in Saudi Arabia, in the cities of Jeddah, Riyadh, and Dammam. The Editor-in-Chief is Khaled Al-Maeena. The publisher of Arab News is Saudi Research & Publishing Company , a subsidiary of Saudi Research & Marketing Group .Arab News was...
, an English language newspaper from the Middle East
Middle East
The Middle East is a region that encompasses Western Asia and Northern Africa. It is often used as a synonym for Near East, in opposition to Far East...
, said the report made "appalling reading". The Taipei Times
Taipei Times
The Taipei Times is one of the three major English-language newspapers in the Republic of China the other two being the Taiwan News and The China Post...
reported on the "shocking scale" of sexual and physical abuse in Ireland's educational institutions. American networks, including ABC News
ABC News
ABC News is the news gathering and broadcasting division of American broadcast television network ABC, a subsidiary of The Walt Disney Company...
and CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
, covered the story, as did the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
, CBC
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
, and Sky News
Sky News
Sky News is a 24-hour British and international satellite television news broadcaster with an emphasis on UK and international news stories.The service places emphasis on rolling news, including the latest breaking news. Sky News also hosts localised versions of the channel in Australia and in New...
. Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
reviewed the "most depraved acts" committed in its coverage of the story. The front page of 21 May 2009 edition of The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
told of "Ireland's shameful tragedy", leading to reactions describing a "Nuremberg trial
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
, Irish-style, with no names, no prosecution and no court appearances."
In June 2009, on a visit to the Vatican, bishops Martin and Brady heard from Pope Benedict XVI
Pope Benedict XVI
Benedict XVI is the 265th and current Pope, by virtue of his office of Bishop of Rome, the Sovereign of the Vatican City State and the leader of the Catholic Church as well as the other 22 sui iuris Eastern Catholic Churches in full communion with the Holy See...
that he had: "... urged them to establish the truth of what has happened, ensure that justice is done for all, put in place the measures that will prevent these abuses happening again, with a view to healing for survivors." After years of stone-walling, silence and frequent refusals for information by the Irish Church, it remains to be seen how it will implement his instructions.
2002 Compensation deal and the question of blame
A further contentious aspect arises from an "indemnity deal" signed on 5 June 2002. This was between two representatives of the Conference of Religious of Ireland (Cori)Conference of Religious of Ireland
The Conference of Religious of Ireland , is an umbrella organisation for Catholic religious orders active in the Roman Catholic Church in Ireland. It has 138 member congregations, with a combined membership of over 9,000. It is organised in both Republic of Ireland and Northern Ireland...
(an umbrella group representing 138 religious congregations) on behalf of 18 religious Orders that had run the residential institutions, and the then Minister Michael Woods. This indemnified the Orders from legal action, whereby any costs would now be met by the Irish taxpayer, in return for a transfer of property and assets to the government worth €128 million. No representatives of the victims were involved in these negotiations. The original plan was to provide adequate funds for the Redress Board, but in the interim an unexpectedly large number of claimants has come forward.
Not only was the deal inadequate to cover the costs of CICA itself, let alone any compensation, but it remained secret until revealed by the media in January 2003. Further, the deal was completed under a caretaker government, at the time of the 2002 election
Irish general election, 2002
The Irish general election of 2002 was held on Friday, 17 May 2002 just over three weeks after the dissolution of the 28th Dáil on Thursday 25 April by President Mary McAleese, at the request of the Taoiseach, Bertie Ahern...
, on the last day possible, and could thus neither be approved by Cabinet nor be debated in the Dáil. Given that Catholic Orders insisted on educating all the children in question, it unfairly imposes indirect costs on non-Catholic or non-Christian taxpayers.
In the circumstances, and given a net cost to the Irish taxpayer approaching €1,000,000,000, its legality may be questioned. Mr. Woods was criticised by Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
leader Enda Kenny
Enda Kenny
Enda Kenny is an Irish Fine Gael politician, and has been the Taoiseach since 2011. He has led Fine Gael since 2002. He served as Minister for Tourism and Trade from 1994 to 1997. He is also a two-term Vice President of the European People's Party.Kenny has been a Teachta Dála for Mayo since...
amidst calls to reopen negotiations. The religious Orders involved initially refused to reopen compensation negotiation proceedings. Then in April 2010 an agreement was announced whereby another €348m would be paid. This followed negotiations in late 2009 with 18 church groups, though it seems that the letters of offer were accepted as such by government, without proof of any effort to increase the amounts offered. The 2010 announcement also confirmed for the first time that the entire process since 1999 had led to ".. costs of well over a billion euro being incurred by the State".
The Republic of Ireland's government is also aware of the enormous compensation awards
Settlements and bankruptcies in Catholic sex abuse cases
Settlements and bankruptcies in Catholic sex abuse cases have affected several American dioceses, whose compensation payments have totaled in the billions of dollars-Estimates by Donald Cozzens:...
made in the USA, where prosecution of alleged criminals is more robust. Ireland is currently (2011) undergoing a financial crisis
2008–2009 Irish financial crisis
The 2008–2011 Irish financial crisis, which had stemmed from the financial crisis of 2008, is a major political and economic crisis in Ireland that is partly responsible for the country falling into recession for the first time since the 1980s...
, making it much harder to justify the costs of prosecutions and compensation.
Though still a matter for debate, the indemnity deal has complicated the question of ultimate blame. For decades the Government and Department of Education were to blame for lack of oversight, various parts of the Catholic Church refused to reform internal systems, the police generally ignored complaints, and the courts sent small children to the institutions with little concern for their rights. The 2002 deal has appeared in hindsight to be a well-intentioned but unsatisfactory attempt at a quick fix. In May 2009 CORI agreed to contribute more to the envisaged higher compensation amounts.
Church of Ireland Institutions
Campaigners are also engaged in trying to extend the redress scheme to victims of institutional abuse in places such as the Bethany Mother and Child HomeBethany Home
Bethany Home was a residential home in Dublin for women of the Protestant faith, convicted of petty theft, prostitution, infanticide, as well as for women who were pregnant out of wedlock, and the children of these women...
in Rathgar. Often girls "in trouble" were brought to the home by a Protestant minister. While these were affiliated to the Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
, and used by its parishioners, it is claimed the home was not run by the church itself, however members of the church sat on the board of the home and the home was designated by the Church of Ireland as a suitable place for Protestant girls on remand, and recognised by the courts as a place of detention. The Bethany Survivors Group continues to campaign to the newly elected government for inclusion in the redress scheme.
Some residential institutions founded and run by members of the Church of Ireland such as Stewart's Hospital and Miss Carr's Children's Home, do to their connection with the Eastern Health Board, do come under the remit of the redress board scheme and victims are entitled to petition it for compensation. These were added to the redress list following complaints and campaigns that they were being excluded.
Campaigners also campaigned for a number of Protestant run children's residences and former orphanages such as The Smyly Homes
Ellen Smyly
Ellen Smyly was born on 14 November 1815, the daughter of Matthew Franks. She became a prominent philanthropist, fund-raising and setting up homes and schools for the poor. The Smyly Homes and subsequent Smyly Trust are named after her and her family.At the age of 19 she married the Dublin surgeon...
which were regulated by the state, and subject to departmental inspection, to be included in the Redress scheme.
There was eleven Mrs. Smyly's homes which the government is in dialogue with over some contribution to the redress fund.
Some Church of Ireland run institutions for older children like the Cottage Home and Birds Nest have been included in the list of institutions for the Redress Scheme, since these homes were found to have allowed a vaccines to be tested on their residents in trials by the Department of Medical Microbiology at University College Dublin
University College Dublin
University College Dublin ) - formally known as University College Dublin - National University of Ireland, Dublin is the Republic of Ireland's largest, and Ireland's second largest, university, with over 1,300 faculty and 17,000 students...
.
Trudder House
Trudder House in Newtownmountkennedy, Co Wicklow, was a residential home set up by Dublin Committee for Travelling People (a voluntary group), in 1975, the home was for children from the travelling community who had appeared before the courts. The home was funded by the Eastern Health Board, and boys were sent to the home after being sentenced by the courts. In August 1985 New Hibernia magazine reported irregularities at the home and allegations of beatings and homosexual child abuse. In the mid 1990's some 19 young travelers had made allegations of sexual abuse against six people associated with the residential home. The home closed in April 1995. Victims are entitled to redress from the Redress Board.See also
- Catholic sexual abuse scandal in IrelandCatholic sexual abuse scandal in IrelandThe Catholic sexual abuse scandal in Ireland is a major chapter in the worldwide Catholic sexual abuse scandal. Unlike the Catholic sexual abuse scandal in the United States, the scandal in Ireland included cases of high-profile Catholic clerics involved in illicit heterosexual relations as well as...
- Abuse by priests in Roman Catholic orders
- Catholic sex abuse cases
- Ferns Report
- Industrial schoolIndustrial schoolIn Ireland the Industrial Schools Act of 1868 established industrial schools to care for "neglected, orphaned and abandoned children". By 1884 there were 5,049 children in such institutions....
- Magdalene Asylum
- Sexual abuse scandal in Dublin archdiocese
- Murphy ReportMurphy ReportThe Murphy Report is the brief name of the report of an investigation conducted by government of Ireland into the Sexual abuse scandal in the Catholic archdiocese of Dublin...
- St Joseph's Industrial School, LetterfrackSt Joseph's Industrial School, LetterfrackSt Joseph's Industrial School was an industrial school for young boys in Letterfrack, County Galway, Ireland. The school was opened in 1887, and ran by the Congregation of Christian Brothers....
- Woodstock defence
Further reading
- Arnold, B. The Irish Gulag Gill & Macmillan, Dublin 2009. ISBN 9780717146147
External links
- Abuse of Trust Documentary on RTÉ TV3 16 June 2009
- State Lost High-Stakes Game With Two Nuns
- CORI Director General Marianne O'Connor on RTÉ Morning Ireland 26 May 2009
- John Costello, Defending the Indefensible in Horrific Scandal
- President Mary McAleese reaction on RTÉ Morning Ireland 28 May 2009
- The Commission's website, complete report and summary, individual chapters of report
- The National Office for Victims of Abuse - for adults who have experienced childhood abuse
- Henry McDonaldHenry McDonald (writer)Henry McDonald is a writer and is the Irish editor for The Observer, the sister paper of The Guardian.McDonald has written extensively about The Troubles, its precedents, its consequences, its demographics, and such. He was born in the nationalist Markets area of Belfast and attended St. Malachy's...
, Thousands raped and abused in Catholic schools in Ireland, The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, 2009-05-20 - Chris Heaphy, a victim of abuse at Greenmont Industrial School, Cork, delivers an emotional speech on Patrick St, Cork, 28 May 2009
- Text of the similar "Commission of Inquiry into Child Abuse in Queensland institutions" (Forde Enquiry), 1999, Queensland, Australia