Helen McEntee (Meath East, Fine Gael)

I move:

That Dáil Éireann: — having regard to the conclusions and recommendations of the Report of the Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools run by Religious Orders, published on 3rd September, 2024;

— noting that it is the opinion of the Government that these matters of significant public concern require, in the public interest, examination by the establishment of a Commission of Investigation;

— noting that the Minister for Education and Youth has led the Government's consideration of these sensitive matters;

— noting the factual information compiled and the specific matters identified for further consideration in the Report of the Inter-Departmental Group on the Recommendations of the Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools run by Religious Orders, which has assisted in informing Government considerations on the scope, format, and terms of reference for a Commission of Investigation; and

— further noting that a draft Order proposed to be made by the Government under the Commissions of Investigation Act 2004 (No. 23 of 2004) has been duly laid before Dáil Éireann on 9th July, 2025 in respect of the foregoing matters referred to, together with a statement of reasons for establishing a Commission under that Act; approves the draft Commission of Investigation (Handling of Historical Child Sexual Abuse in Day and Boarding Schools) Order 2025 and the statement of reasons for establishing a Commission of Investigation.

I welcome the opportunity to bring this motion to the House. I wish to begin by acknowledging the survivors whose courage and commitment have brought us to this point today. I sincerely thank every single survivor for his or her bravery, whether they were in a position to come forward or not. I particularly thank the late Mark Ryan and his brother, David, whom I welcome to the Gallery today.

I acknowledge the many survivors of historical sexual abuse in schools who told their stories in the years before Mark and David came forward and the hundreds who have come forward since the RTÉ radio documentary, “Blackrock Boys”, was aired in November 2022. I acknowledge Liam and Seán, who are also in the Gallery with David. The Ryan brothers and the many others who came forward to disclose their experiences of historical child sexual abuse in schools have had a central role in the developments that have brought us here today.

Of course, this is not the first time the State has had to confront an appalling legacy of child abuse and a need to inquire into past failings. The Commission to Inquire into Child Abuse published its final report in May 2009, revealing the extent of abuse suffered by thousands of children in residential institutions managed by religious congregations. Those shocking revelations of historical abuse in institutional settings forced us to confront a dark chapter of our past. Now, we are faced with revelations of widespread and often brazen historical sexual abuse of children in day and boarding schools. We must once again confront a painful and shameful history as we seek to lance this national wound.

As a result of the revelations that followed the Ryan brothers’ courageous disclosure of their own experiences of sexual abuse in schools, the Government established a scoping inquiry into historical sexual abuse in day and boarding schools run by religious orders. The scoping inquiry was independently led. I acknowledge the work of Mary O’Toole, who carried out the scoping inquiry, and my predecessor, the Minister, Deputy Norma Foley, for all her work in this area.

A trauma-informed survivor engagement process was central to the scoping inquiry. This consulted widely with survivors on what they considered should be included in a Government response to historical sexual abuse in schools run by religious orders. I commend the scoping inquiry team for undertaking this sensitive work with great care and compassion.

So many survivors of historical child sexual abuse did not have a voice. Some could not say what had happened and others were not heard or believed. The scoping inquiry’s survivor engagement process was a distinctive approach, providing each individual participant with the opportunity to tell the scoping inquiry about his or her experience and what he or she wanted to see happen next in a safe environment. As many will recall, the scoping inquiry was told of 2,395 allegations of historical sexual abuse in schools run by religious orders, involving 884 alleged abusers in 308 schools across the country between 1927 and 2013. Devastatingly, a considerable number of those allegations related to special schools.

The scoping inquiry made 14 recommendations informed by the views of survivors, including the establishment of a commission of investigation. It recommended that the commission should examine the handling of allegations and concerns of child sexual abuse in schools and that its remit should be broadened to include all schools. It recommended that the commission should include a survivor engagement programme and that it should take a survivor-centred and trauma-informed approach.

The report of the scoping inquiry was published on 3 September 2024. A high-level interdepartmental group was immediately established to advise the Government on the recommendations of the scoping inquiry and to prepare draft terms of reference for the commission of investigation. The Government immediately accepted the primary recommendations of the scoping inquiry to establish the commission of investigation. It has accepted 13 of the 14 recommendations of the scoping inquiry to date. Several of those recommendations relate to the remit and operation of the commission of investigation.

The Government has agreed to appoint Mr. Justice Michael MacGrath, an eminent judge of the Court of Appeal, as chair of the commission. Mr. Justice MacGrath brings considerable experience to this role. He was called to the Bar in 1984 and to the Inner Bar in 2000. He was appointed a judge of the High Court in January 2018, where he presided over civil cases. On the criminal side, he presided over trials in the Special Criminal Court and the Central Criminal Court between 2020 and 2024. He was appointed to the Court of Appeal in June 2024. I thank him for agreeing to carry out this important work. He will be assisted in this work by a number of commissioners and a support team.

The findings of the scoping inquiry were nothing short of devastating. These children and young people were sent to school, as thousands of children are every day, to get a better chance in life, improve their outcomes, make friends, socialise and learn.

What some were met with within these school gates was beyond comprehension.

The scoping inquiry's report sets out not just the devastating accounts of the sexual abuse that participants experienced as children, but the impact on their education, the loss of opportunity in school and the often life-long impact on relationships, employment and their sense of self. As it was said to me, children's childhood was taken away from them. Participants' accounts of there being no place or sense of safety in their schools represents an egregious breach of trust from those responsible for running those schools. Some participants spoke of loss of community, faith, family and even country, as the aftermath of what they experienced trickled through every facet of their lives. Others spoke of the difficulty in telling anyone what had happened, and indeed a deep sense of shame and guilt. That shame and guilt does not belong to survivors. It belongs to those responsible for child sexual abuse in schools. What is clear from the scoping inquiry is that survivors want accountability. They deserve accountability.

The establishment of this commission of investigation is the next step towards delivering that accountability. The Government takes the appalling crime of child sexual abuse in schools with the utmost seriousness, and it is clear that the potential scale of this issue is quite significant. The establishment of the commission represents Government's commitment to a serious response, in which we seek to understand the past to inform the present, the here and now, and the future.

The terms of reference of the commission have been prepared by the interdepartmental group and they closely reflect the recommendations of the scoping inquiry. Crucially, at every step, the work of the interdepartmental group was centrally informed by the views of survivors, expressed so powerfully in the scoping inquiry's extensive survivor engagement consultation process. Since the report was published, many others have come forward for the first time, whether to support agencies or to report what happened to them to An Garda Síochána. Through their harrowing accounts of their own experiences, the scoping inquiry participants have paved a path for so many others who may now choose to tell their stories to the commission.

This commission will have a remit to examine the handling of sexual abuse in all types of schools. This was a wish expressed by many survivors, and one which I think we can all strongly support. It will investigate concerns of child sexual abuse and failures to treat such concerns in a manner that protected children. It will examine the causes and responsibilities for those failures, and it will have the power to compel witnesses and documents, which was a key concern for survivors who participated in the scoping inquiry. Schools, persons and entities responsible for and associated with schools, An Garda Síochána, the HSE and its predecessor and successor organisations, and the Department of education, will all fall within the ambit of the commission's terms of reference. While I expect voluntary co-operation from any group or entity that the commission wishes to engage with, and I note that the scoping inquiry reported that it had received positive engagement, I emphasise that such co-operation is required and enforceable.

Survivors want to know why child sexual abuse was so prevalent in some schools and contexts, why it happened and why it went on for so long. As a society, we need to understand the impact of child sexual abuse in schools, and crucially we need to learn for the future. I know that a common wish for many survivors is that they want to be sure that what they endured can never happen again. The commission will investigate matters of critical importance to survivors, as they so eloquently described to the scoping inquiry. These include actions taken or not taken where concerns of child sexual abuse arose; failure to prevent harm to children where concerns of child sexual abuse arose; failure to report crimes and concerns to the appropriate authorities; concealment of child sexual abuse; whether laws and guidelines were followed; whether persons suspected of child sexual abuse were permitted to have access to children, or indeed moved to other locations or institutions where they again had access to children; whether there were co-ordinated actions with regard to child sexual abuse; and the approach taken toward criminal prosecutions and civil litigation.

Another core priority for survivors is the need to see this process conducted as efficiently as possible and in a timely manner. That is why the terms of reference require that the commission complete its work within five years. Within the first two years, the chair is required to confirm his belief that this is achievable, or to propose any modifications that may be required to facilitate completion within five years. Survivors have been clear that they want to see outcomes in their lifetimes and I am absolutely committed to making sure that this happens, as I know the chair and all those involved in the commission are. To that end, the scoping inquiry's recommendation that the commission adopt a sampling approach is provided for in the terms of reference. The commission will conduct an initial national survey as it seeks to establish the potential volume of witnesses and evidence that may be available to support its investigations. It will then select samples for detailed investigation, informed by what survivors relate to it in the national survey.

The commission may consider child sexual abuse in schools between 1927 and 2013 in its report. The terms of reference recognise that when such matters took place longer ago, there are realistic limitations on the commission's ability to conduct a meaningful investigation into those particular matters, and there may be fewer survivors or witnesses who can inform the commission as to what happened. To that end, the commission has the power to reduce the time period under investigation as it considers appropriate, and this will allow it to concentrate on periods of time that may provide answers for more of the survivors who come forward in that national survey. This is for the commission to decide and it will be based on those who come forward in the early days. The commission also has discretion in its work with regard to whether any part of its investigation is subject to ongoing legal proceedings.

It is important to say that the commission will also have a survivor engagement programme which runs in parallel with its formal investigations. All survivors who wish to provide an account of their experiences to the commission will have the opportunity to do so through this programme. I emphasise that the survivor engagement programme will be non-adversarial, and survivors will be able to provide their account in private, in a supportive environment without cross-examination. The survivor engagement programme can also hear from a relative of a deceased survivor and it is completely anonymous. This reflects the views of survivors expressed in the scoping inquiry report that any process would need to accommodate survivors who cannot, or who do not wish for whatever reason, to speak publicly about what happened to them.

The survivor engagement programme will not only help the commission in its work, but I believe it will contribute to our national understanding of what happened in our schools and allow us to learn lessons for the future. The work of the commission will, at all times, be survivor-centred and trauma-informed. It will identify broad themes and concerns arising from survivors' accounts and will report to the chair on all of these. The survivor engagement programme is one element of an overall survivor-centred and trauma-informed approach for the commission. This will include consultation and clear communication with survivors, training for the commission's team in working with those who have experienced childhood sexual abuse, and implementing practical steps to minimise risks of retraumatisation. While implementing these measures will be a matter for the commission itself, I know that this in particular is of great importance to Mr. Justice Michael MacGrath.

The commission is independent and will begin its work in the coming months. An initial period of consultation with survivors and other stakeholders will be an important part of that work, in advance of a national survey as set out in the terms of reference. When the commission has the necessary arrangements in place to begin its engagement with survivors, that will be widely advertised to ensure that as many people as possible know that they can contribute, they can come forward and they can engage with the commission.

The scoping inquiry made a number of other recommendations, and 13 of its 14 recommendations have now been accepted by Government. The area of redress, as I am so aware, is important for survivors, to ensure that the institutions and religious orders responsible for the schools where child sexual abuse occurred are held accountable, including financially. The report of the interdepartmental group advises that more work must be undertaken on any potential scheme. Any scheme must be funded by those who ran the schools where this abuse occurred. Let me be very clear: all potential mechanisms that can be brought to bear to secure the funding from those responsible for sexual abuse in schools must be considered and it will be. This work will include looking at potential changes to the statute of limitations for civil claims, changes to the status of unincorporated associations and examining the assets of the relevant religious orders and other bodies with responsibility for running schools.

I fully recognise how important redress is for survivors as a measure of accountability for what they experienced as children and the lifelong impact it has had for so many. This is why more work and more analysis is required regarding financial redress. I emphasise that this work will happen in parallel to the work of the commission and that it is vital that the work of the commission proceeds without undue delay. That is why Government has approved the establishment of the commission now, as the other work continues. It will not be delayed.

The Government has also accepted further recommendations of the scoping inquiry. These relate to the experiences of victims and survivors of sexual violence in the criminal justice system. As colleagues will be aware, the zero-tolerance strategy is a whole-of-government strategy, with a clear focus on how we can improve the criminal justice system and support and encourage survivors to come forward.

We also had engagement on the memorialisation. What is clear from the scoping inquiry is that there was no one agreed view as to what memorialisation should look like. Engaging with survivors on how we bring that forward and on how we ensure there is a memorialisation at the end of this will be a focus of the commission. Supports for survivors throughout the commission’s work is key, and I give that commitment to those who come forward that there will be supports throughout this process. We will make sure it is trauma-informed and survivor-centred at all times.

Finally, as to recommendations regarding further strengthening of child protection in schools, it is important to note that the scoping inquiry found that the current child protection systems in our schools are effective. My Department takes child protection very seriously and considers that the protection and welfare of children is a fundamental responsibility of all involved in the care and education of children. In 2021, the Department engaged an independent reviewer to carry out a high-level independent review of the Department of education's current child protection policies and processes. The review examined the policies and procedures the Department has in place for the protection and safeguarding of children and young people. The aim of the review was to identify any existing or potential gaps, risks or areas for improvement, and to make recommendations for improvements both short and long. The procedures were updated in August 2023 and the Department has continued to implement the recommendations contained in the review, which included the publication of the updated child protection procedures for schools which was published in May of this year.

The obligations and responsibilities which arise from the procedures have been taken very seriously by schools since their introduction. However, more can always be done and my Department is establishing a child protection in schools group, as recommended by the report of the scoping inquiry, to further strengthen those robust systems. This group will deal with overarching child protection policy and will provide updates as required to the commission of investigation in the course of its work, in relation to child protection in schools.

I acknowledge that there is a strong culture of child protection in schools and the vital role played by our school communities in that regard. Many of the survivors who came forward to the scoping inquiry explained they felt compelled to do so because of their need to ensure that what they endured would not happen to another child. Their greatest priority was often to ensure that lessons would be learned to ensure the ongoing safety of children in schools going forward. I commend, acknowledge and thank survivors for that.

Today is an important day - I know it is a challenging and difficult day for many - for all those who experienced the devastation of child sexual abuse in our schools. Again, I recognise Mark and David Ryan, and the service they have done. Mark left an immeasurable legacy, and I know from having met with David, that he is utterly determined to continue what they started together. I want to say to him here today and to the countless other survivors, I am truly sorry for what was done to you and for the devastating impact it had on your lives. I thank each and every person impacted for their bravery. I commend this motion to the House.

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