Fiona O'Malley (Progressive Democrats)

The report of the Commission to Inquire into Child Abuse, which was published last week, is the latest report on institutional abuse in this country. It comes after the Ferns Report in 2005 and will be followed shortly by a report on the archdiocese of Dublin. Once again the horrific sex crimes, neglect, torture and brutality perpetrated by priests and nuns on poor and vulnerable children are laid bare. Their victims' humanity was dismissed, their identities expunged and their voices silenced.

What I find truly shocking is the collusion between the State and clergy in what was effectively human trafficking. The system of capitation created an incentive to increase the numbers held in industrial schools. The report recounts how this system made the schools economically viable. The religious orders pounced on this opportunity and exploited the system to create what one inmate of Letterfrack described as labour camps and child prisons.

The apology which the Taoiseach gave in 1999 was long overdue but the State's actions have rendered it somewhat hollow. The State assured victims of abuse who went before the commission and the redress board that they would be spared the trauma of a trial but this was not the experience of many. The gentleman who was on television earlier this week outlined the ferociousness with which he was cross-examined and re-traumatised and spoke about his difficulties in coping with this process. I am aware that many more could not cope and, as a result, committed suicide. They did not deserve this fate.

The Department of Education and Science was anything but co-operative with the inquiry. Ms Justice Laffoy referred to this on her resignation from the commission. It is shocking to learn that a Department was dragging its heels on an inquiry commissioned by the State.

Former residents have spent decades trying to recapture their lives. They have received vindication of sorts with the publication of the Ryan report but total vindication only comes with justice. Until the perpetrators of these crimes are brought to court and made accountable, justice will never be delivered to the young children who suffered so abominably under the supervision of pillars of our society. Yesterday the Taoiseach sought to reassure us the criminals will be pursued but has the State not offered them solace by the fact that the Ryan inquiry rendered vital evidence inadmissible in a criminal proceeding? This begs the question of who will receive justice from this report.

The indemnity agreed between the church and State was a shameful deal reached under dubious circumstances. The former Comptroller and Auditor General made a stinging criticism of the deal in September 2003. The Irish Times reported his concerns as follows:

The fundamental question remains: why did the government agree to a deal which gave rise to unlimited liability for the State, yet scrapped the liability of the religious orders in return for €40 million in cash and 80 million in property ... While much focus has been on the fact that the CAG has put the potential bill at 1 billion, the report also highlights the fact that during the negotiations no government department ever did a detailed analysis of the potential exposure of the State.

Indeed the report highlights the fact that, as the negotiations with religious orders were ongoing, the potential number of claimants and cost of the scheme kept being revised upwards.

This reveals the extent of the State's failure to assess its exposure properly with the result that it is now vulnerable to huge liabilities.

The citizens of this State have supported the clergy and this is what has made them rich. I do not offer devotion and blind loyalty to the church but I recognise that others do so. The church's behaviour towards these people has been traumatic. It clearly believes they do not deserve the moral guidance they seek. The orders have shown mealy mouthed determination in keeping their purses closed. Regardless of the legal complications of the deal, if the church wants to portray itself as the country's moral guardian, it needs to think about what it is doing. I was somewhat repulsed by the manner in which CORI indicated that it wanted to show more charity in dispensing money rather taking appropriate responsibility in terms of sharing culpability with the State. The notion of dispensing charity is an indication of a superior attitude which I find deeply offensive.

Happily, we live in a republic and as such we should ensure the separation of church and State. Constitutionally, however, the Catholic Church is in a preferential position. We see now the damage that can do. It is high time that we modernised the Constitution into a truly republican document in which church and State are clearly separate.

The nation's stunned anger is clear to all but we must ask ourselves what we can learn from the report. The best promise we can make is that children in the care of the State will be protected to the highest standards.