Brian Hayes (Dublin South West, Fine Gael)

It is very important that we are debating a motion which has been agreed unanimously by both sides of the House. I pay tribute to Deputy Shatter and others who have worked with the Government to bring about such a motion. It is the appropriate response to this particular issue, that is, the publication of the Ryan report.

Twice in the past 15 months Mr. Justice Ryan asked Dáil Éireann to extend the period of time required so that the report could be published. On both occasions I made the point that after many years, it was crucial that this report be concluded as soon as possible. Now, ten years after the "States of Fear" documentary and 11 years after former Taoiseach Deputy Bertie Ahern's apology, we finally have the report.

During those 11 years, many victims of abuse have died. They went to an early grave never seeing or hearing the report we have today, a report which finally recognises in public the appalling suffering that was inflicted on our citizens. The fundamental responsibility of all of us now is to dedicate everything we do towards the memory of those who died and towards those who still live with the scars of abuse today. While we cannot change the past, this report must bring about a new approach to the issue of child safety and above all else, bring about fairer and more equitable treatment for those who have survived.

Nothing can prepare one for the horror that lies within the 2,500 pages of the Ryan report. It is an horrific and terrifying account of the shattered lives of a generation of Irish children. It is a catalogue of the most inhuman and barbaric of atrocities perpetrated against some of the most vulnerable of our people.

In my role as our party spokesperson on education, I spend a lot of time visiting schools up and down this country. One of the real achievements in the Irish education system today is the genuinely loving and child-centred atmosphere we have established over recent years in our schools. Much of that has been brought about by a new approach to teaching and by dedicated teaching professionals who are genuinely serious about providing a loving atmosphere.

Schools are, in the main, focussed on the welfare of children as their core mission statement and function. For a small minority of children today, they often find more love in school then they do at home. Our attitude towards children has changed for the better and we should never romanticise about an era when corporal punishment was the order of the day. However, substantial gaps within the system still remain and we should never smugly believe that all is well and that the abuse of the past can never be revisited. This report should act as a wake up call for how the State today treats all its children in all forms of care.

I raise the issue of the modern school to highlight the degree to which our standard and view of children has changed. A full and final settlement of this entire issue must also properly involve the victims of abuse who attended day schools in the past. To date, their voice has not been heard and their rights have not been vindicated. A new way must be found to properly address the hurt and abuse suffered by this group of children at that time.

Mr. Justice O'Neill made a recent High Court ruling on the issue of persons who were over 18 and under 21 years of age, but still in the care of the State by virtue of the fact that they remained in the institutions. It is also only fair that an arrangement is found to address that group of people who suffered abuse at the time. Why does the State continue to appeal the decision of Mr Justice O'Neill and, in effect, deny justice to that small group of mainly young women who had unwanted pregnancies at the time, while claiming that it wants closure and justice for all victims of institutional abuse? Does the Minister for Education and Science intend to withdraw his appeal, as is his right under the rules of the Supreme Court, in the wake of the publication of the Ryan report? In the same way as those who attended day schools, that group of people must also be heard. To date, their voice has been ignored.

The vast number of people who marched in solidarity with the victims of abuse yesterday is testament to the level of public shock, compassion and sorrow which this report has evoked in this State. In the publication of the Ryan report we firmly acknowledge the vindication of the claims of the children whose voices were not heard, we accept the many wrongdoings that compounded their torment and we look to the future to ensure no child ever has his or her life ruined in the same way those children's lives were ruined.

The details of abuse outlined in the report are stomach churning. The evil, sadistic and perverse acts of inhumanity which those children had to endure are unimaginable to a younger generation. We cannot pretend we understand the hurt of the survivors and the anguish they continue to bear. Those children, now adults, were stripped of every fundamental right and expectation to which a person is entitled in life. They were robbed of their identify, beaten to unconsciousness, starved, enslaved, physically, mentally, emotionally and sexually abused and tossed aside on the scrap heap of life by those who were supposed to care. Separated from their families, told their parents were dead, ridiculed, publicly humiliated and called every derogatory name under the sun, those children were treated with zero compassion and respect. Their lives were destroyed. We must not gloss over the report - no matter how unpalatable its contents and findings. To read of a child thrown over a banister of a long stairs because she innocently ate a sweet before holy communion, of another dressed only in underwear, sprayed down with a fire hose outside during the middle of winter while there was snow on the ground, and of another little boy forced to eat his own excrement because he had soiled himself is more than any person can bear.

No apology, compensation nor amount of counselling will ever reverse the systemic and unmerciful abuse suffered by people in the institutions investigated by this report. But for those who are recovering, we must do what we can to ease their suffering. For some, it is too late - they could not cope with the nightmare that life dealt them. Before addressing the lessons that must be learnt from the report, it is only right that we first address the issue of culpability and responsibility. The religious orders that ran the institutions are responsible for the barbaric treatment meted out to the children, but the State had a wider responsibility to which it ultimately failed to live up. Successive Governments of various political complexions also failed children in that time. That the children who were abused were both unwilling and unable to disclose the abuse is testament to the level of power, influence and corruption of those who hurt them. The lack of skill and training on the part of the staff and professional groups who were in contact with the abuse and failed to act to save the children involved, shows the failure on the part of the State to meet its constitutional responsibility to protect those children. That those who knew or suspected that abuse was taking place chose to ignore the information or failed to pass it on to the relevant authorities demonstrates that those children were failed by many more in their lives.

The Department of Education's failures are well documented. The "deferential and submissive attitude" it showed towards the religious congregations, the sheer neglect, ineffective inspection regime and lack of interest in protecting the welfare of the children in those institutions was appalling. In effect, no one wanted to know and no one cared. Those children became the forgotten children. The Government has apologised on behalf of the State. I welcome the fact that the Taoiseach referred to that once again today. The Minister for Education and Science should also apologise on behalf of his Department. He is not personally responsible but the attitude shown by the Department, especially in respect of the original Laffoy commission, was an absolute disgrace. At times, it appeared the Department was intent on impeding the work of the commission during the earlier part of the investigation. Had others lived up to their responsibilities in those few years we would have had this report much earlier than now. Others need to consider that.

The contribution the congregations have made in terms of the level of remorse expressed, the acceptance of responsibility and the monetary compensation paid to victims, simply does not measure up. If the congregations intend to play a significant role in the future of this country they must address this gaping wound in their history. It is not enough to acknowledge and apologise for the abuse those children experienced. If we are to learn from this dark period in our history, we must root out all inequalities in our society and do more to protect the weakest and most vulnerable. I would like to think this is an horrific example of a past Ireland, a time when reckless action and ignorance was the order of the day and children were not protected as they should be. I am fearful that history will be repeated if we continue as we have done and fail to learn from our past experience. The innocence of yet another generation of Irish children is exposed to the threat of irreversible damage and we are standing by while that is allowed to happen. We have seen many examples of where child protection guidelines have fallen short of implementation - the McElwee report is a clear case where State agencies failed to act appropriately. My colleague, Deputy Shatter, will provide many examples of where we are failing in terms of our child protection responsibilities in a broader context.

I wish to take a brief look at child protection in a school setting, the place where our children spend the majority of their time each week. I have no doubt the majority of people who come into contact with children in schools, whether they are teachers or ancillary staff, are the best of people with the best of intentions. However, as a parent, when my children go to school, I want to be sure that anyone in contact with them has been properly vetted and checked out by the authorities. The reality is that very little has been done in that regard. The most recent figures from the Teaching Council suggest that, to date, less than 15,000 out of more than 55,000 teachers have been vetted. Retrospective vetting of anyone who qualified prior to 2006 has not begun and the level of resources available to the Garda vetting unit means that is unlikely to happen in the near future. Aside from teachers, it is the responsibility of individual schools to vet ancillary staff. It is difficult to comprehend how boards of management are expected to carry out that function.

The Minister, Deputy Batt O'Keeffe, gave the impression that legislation to introduce a statutory scheme for vetting is on its way. When one examines the latest legislative agenda, one finds that is far from the case. The heads of the childcare (collection and exchange of information) Bill have yet to be approved by Government. I wish to know when it will be published and brought to the House. The Minister needs to provide assurance to the House on that Bill today.

Schools are not being given the support they need to identify and report instances of child abuse. If we are to take seriously the lessons of the Ryan report, we must address those inadequacies in the system. I recognise that resources are limited but surely one cannot place a price on the protection of an innocent child. Like many in this House, I criticised the indemnity deal that was negotiated between the religious congregations and the Department of Education and Science in 2002. That agreement was not only reckless, but was, on the part of the State, an abdication of responsibility and another example of the deferential and dated relationship that existed between church and State.

Since the report was published, there is a recognition that the entire agreement must now be revisited. The overall cost of the inquiry and the compensation provided was based on false information that was known to some or all of the parties at the time of the agreement. A raft of legal challenges and a failure to co-operate with the original Laffoy Commission meant that this report and the rights of victims were postponed for over ten years. Those who were party to the agreement did not show good faith and their actions prolonged the process, exposing the taxpayer to a liability of €1 billion.

In the discussions between Government and the congregations I believe we have a responsibility to bring these issues to a conclusion soon. No one should attempt to drag them out. We do not have time to endlessly engage in discussions before some new agreement is reached. Time is of the essence. I encourage the Government to bring all of these matters on the specific deal and a new package of funding for the victims to a conclusion at the earliest possible time.

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