What kind of inquiry has been announced into abuse allegations at schools?
Minister for Education Norma Foley has announced a “scoping inquiry” which will shape the Government’s response to revelations of historical sexual abuse in schools run by religious orders. The inquiry will be led by senior counsel Mary O’Toole.
The terms of reference include setting out a potential framework for a Government response; making recommendations on the scope and sequencing of such a response to best meet outcomes sought by survivors; and outlining the findings of best practice that emerge in the area of child protection and potential restorative justice initiatives by religious orders.
In summary, this is very much a first step towards what may, ultimately, prove to be a bigger inquiry.
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What prompted the inquiry?
The airing of an RTÉ radio documentary last November into the story of two brothers, Mark and David Ryan, who were sexually abused by priests at Blackrock College in the 1970s, prompted a flood of similar allegations.
Gardaí have since recorded a total of more than 130 allegations from victims and individuals who say they experienced abuse, witnessed it or were aware of allegations.
Many allegations are from former students who attended schools run by the Spiritans – formerly the Holy Ghost Fathers – including Blackrock College, Rockwell College – and other orders. The abuse allegations in many cases extend back to the 1960s and 1970s.
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How long is it likely to last?
The inquiry is scheduled to report back in about eight months. However, this may depend on the volume of survivors who come forward.
What schools will be included within the remit of the inquiry?
The inquiry is confined to historical sexual allegations in “day and boarding schools run by religious orders”. It is estimated that there are about 400 such schools, mostly at second level.
Why were all schools not included in the inquiry?
The vast bulk of historical allegations since the airing of an RTÉ radio documentary into abuse at Blackrock College have been from students or witnesses to alleged mistreatment in religious-run schools. It is understood that officials were conscious that extending the scope to all schools could have made an inquiry open-ended and unwieldy, a criticism targeted at previous Government-sponsored inquiries.
Will the inquiry hear testimony of survivors?
The main purpose of the survivor engagement process is to identify what survivors would like to see happen next.
No one will be asked to provide an account of their experiences at this time.
The process will be conducted by facilitators trained in trauma-informed practice. This engagement will include questionnaires, as well as facilitated workshops and individual engagement.
Will compensation feature in the inquiry?
The terms of reference do not reference compensation, except to state that consideration should be given to the possible volume of allegations and the impact that this will have on the “appropriate type, sequencing, time frame and cost for a Government response”.
Foley did not rule it out on Tuesday and said it will be matter for the inquiry.
Could the State be liable for compensation?
This is not explicitly referenced in the report. Some campaigners, such as Louise O’Keeffe, who won a landmark case following abuse in primary school, argue that her case established the principle that the State had an obligation to protect pupils from past ill-treatment at school and should have put safeguarding measures in place to help minimise the risk of sexual abuse.
How can survivors apply to take part in the inquiry?
Survivors who wish to register their interest in the process can find details of how to do online (gov.ie/educationscopinginquiry) or email (survivorengagement@esi.gov.ie) by April 17th, 2023. Survivors can also call 090-6483610 to register their interest.
What type of inquiry may ultimately emerge?
The scoping inquiry will examine different types of statutory or non-statutory options, or a combination of both.
In addition, it will involve a “critical analysis” of previous inquiries in terms of methodology, outcomes achieved, impact on policy and practice, and impact of outcome on survivors and families. These include the Ferns report; the Commission to Inquire into Child Abuse and the Murphy report (Dublin Archdiocese Commission of Investigation (Murphy Report).
It will settle on the best option with regard to meeting the outcomes sought by survivors; time frame and cost; the likely impact on survivors and their families; legal issues; and international best practice in the investigation of historical sexual abuse in schools (non-criminal investigations).
