Seanad debates

Wednesday, 27 May 2009

Report of the Commission to Inquire into Child Abuse: Statements

 

1:00 pm

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)

I welcome this opportunity to contribute to the debate this afternoon on the report of the Commission to Inquire into Child Abuse. At the outset, I emphasise the Government's abhorrence at what was allowed to happen to children in these institutions. No one could be unmoved by the horror of what occurred.

For years the story of those who suffered in the residential institutions remained hidden and ignored. Worse still, their stories were denied. When they tried to speak out, their claims and accusations were rejected. One can only imagine the hurt and frustration they suffered in those years when they tried to tell us, but we were not listening. They have now been vindicated.

The Taoiseach's apology in 1999 and the establishment of the commission and the redress board were the first steps on the path that has brought us to the truth of what really happened, to the acknowledgement of the story of the children in these institutions and to redress for the damage caused. It is fitting that we pay tribute to those former residents who gave evidence to the commission so that the truth can be surfaced. To revisit the horrors of the past must have been very painful and their fortitude and courage has to be commended. It is important also at this time to remember those former residents who are no longer with us, who did not live to see these days of disclosure and vindication.

In devising the arrangements for investigation and redress, the Government attempted to make them as non-adversarial as possible. In the case of the redress board the process was made as simple as possible. This was a much more benign system than having to go to court to justify their claims with adversarial cross-examination. The burden of proof is significantly less onerous than in the courts process.

The Commission to Inquire into Child Abuse comprised a confidential committee and an investigative committee. The confidential committee provided a forum in which former residents could tell their story in a non-adversarial setting. In the case of the investigation committee where allegations were being investigated, there was no legal way of preventing cross-examination and people against whom allegations were made had to be allowed due process. However, the arrangements that I have outlined were designed to minimise adversarial elements in the interests of the former residents. Nevertheless, giving evidence must have been painful and traumatic, and the bravery of those who gave evidence has enabled the full story to be told. However, the adversarial nature of the cross-examination at the investigative committee did no credit to the congregations.

The commission's report is a profoundly important document. It presents us with a compelling and disturbing account of a dark aspect of our society. It brings the shameful history into the full glare of public scrutiny. The appalling reality of life in these institutions is laid bare in the report. It articulates the reality of the neglect, fear and abuse which shaped the lives of tens of thousands of our most vulnerable children from the youngest age. Is it any wonder the horrifying nature of their experiences shaped and blighted so many of their lives? The harrowing accounts of the lives of children in these institutions helps the rest of us to understand somewhat the continuing pain and distress which is all too evident in the lives and statements of the survivors.

The State indicated at the public hearings of the commission its regret for inadequacies in discharging its function in relation to the industrial and reformatory school system. Areas in which the State has publicly acknowledged that there were failings include funding, inspections, handling of complaints, education and training. The commission's recommendations are addressed to the State and to the religious congregations involved in the operation of the institutions. There are wider conclusions and recommendations which are, in effect, addressed to all of us as a society, not least in our approach to the well-being of children and others who are vulnerable and dependent on effective care and support.

The report makes clear that from the State perspective abuse of children occurred because of failures of system and policy, management and administration and of senior personnel concerned with industrial and reformatory schools. While we apologise wholeheartedly for these failings, our wholehearted apologies will never undo those failures. I believe the most important recommendation in the report is that the lessons of the past be learnt. We must never forget what happened and we must ensure it is never allowed to happen again.

We owe it to the thousands of victims and the commission to study this report carefully, to reflect on its conclusions and to act on its recommendations. For this reason, the Government decided to hold a special meeting yesterday to begin the process of detailed consideration of how we should respond. The Government has accepted all the recommendations in the report and, as the Taoiseach stated last night, we are fully committed to their full implementation.

My colleague, the Minister of State, Deputy Barry Andrews, will develop a plan in regard to implementation of the recommendations. In developing this plan, he will consider the various issues which need to be addressed and what actions are necessary, feasible and effective. This plan will include a more detailed analysis of the precise actions required, a timetable for their implementation and the costs and other resources associated with these actions. The implementation plan will be brought to Government for approval by end July 2009.

Consideration of actions to implement the Commission's recommendations will centre on further implementation of robust independent inspection processes relating to children receiving personal social services; ensuring that a child centred approach is taken and the voice of the child is heard in the development of policy and its implementation; how best to hold service providers to account in the implementation of the recommendations, in particular in relation to child welfare and protection guidelines and the associated legislative and regulatory provisions required. In addition, the Government will consult representatives of the survivors of abuse in relation to the memorial to victims.

The report also raises serious issues for the congregations. The commission believes they need to examine how their ideals became debased by systemic abuse. The report confirms that the management of orders were aware of the widespread abuse and did not act or, in the case of sex abusers, moved staff to other institutions even though the recidivist nature of such abuse was known. Terrible crimes were committed and the individuals who committed these crimes must face the full rigours of the law. An assistant Garda commissioner has been charged with examining the report. The Government will provide the Garda and the DPP with full support in pursuing criminal investigations that might arise.

In light of the horrific, systemic abuse recorded in the report, the Government has decided to call on the relevant congregations to provide a substantial additional contribution towards the cost of the redress scheme and to meet the ongoing needs of victims. There is a moral and social imperative for them to face up to their responsibilities. In calling on them to do this, I know the Government has the full support of all Members of the Oireachtas and the Irish people, who have been horrified by the scale of the abuse. It is deeply shameful for all Irish people that this was allowed to happen in our country for so long without being challenged.

I welcome the all-party approach to dealing with this report, which is in keeping with the spirit and tone demanded by victims. I acknowledge the statement published yesterday by the Christian Brothers, in which they accept their culpability and moral obligation to former residents and the acknowledgement by their representative that this is long overdue. I welcome also their willingness to commit additional resources in reparation for abuses of the past and the fact that they want to consult the Government and other stakeholders on how this can be achieved.

As the Taoiseach stated last night and again today, other individual congregations involved should now also articulate their willingness to make a further substantial voluntary contribution. I welcome the indications given by a small number of congregations this morning. The Government will be meeting with representatives of the congregations to discuss the making of further contributions and how this will be done. This will include the possible establishment of a trust which would be available to support education and welfare services for victims. It is important, given the concerns about how matters were handled in the past, that there is transparency in the way the public can assess the significance of contributions by reference to the resources available to the congregations.

As a society, we owe Justice Ryan and the commission members a deep debt of gratitude for their comprehensive report. I again thank the former residents of the institutions who so bravely gave evidence to the commission. Their bravery has given a voice to thousands of victims, for which we are indebted to them. I reiterate the Government's commitment to the implementation of the report's recommendations. We owe this to the victims and to current and future generations of children in Ireland.

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