The Christian Brothers have taken a High Court action aimed at preventing the Laffoy Commission into institutional child abuse naming deceased members of the congregation in the commission's eventual report.
Some 700 allegations are pending against present, former or deceased members of the congregation.
The congregation is objecting to the commission, which is headed by Ms Justice Laffoy, making findings of abuse against deceased persons and others whom the congregation describes as too infirm to give instructions, who cannot be found and who are otherwise prejudiced in their ability to defend themselves.
The action is against the Laffoy Commission, the Minister for Education and Science and the Attorney General, all of whom are opposing the application.
The commission has two committees - the Confidential Committee and the Investigation Committee.
The Child Abuse Act provides that the commission, having considered the reports of both committees, will prepare its own report.
If it is satisfied abuse occurred during a particular period, the report will contain findings to that effect and identify the institution and persons who committed the abuse.
It is claimed by the Christian Brothers that the Investigation Committee has recognised the process is potentially injurious to the reputation of the congregation and the reputations of its current members.
The committee had considered it appropriate that a congregation of religious be afforded protection analogous to the protection given to a living person against whom allegations were made and which were likely to reflect on that person's good name.
Many of the persons against whom allegations of abuse had been made are now dead, untraceable, elderly, infirm or unable to give instructions, it is claimed.
In some cases, the lapse of time had severely prejudiced those against whom allegations have been made and their ability to defend themselves against such allegations, it is also contended.
The hearing, before Mr Justice Abbott, continues.