Confidentiality concerns led to minimal State representation, writes Patsy McGarry.
A remarkable feature of the talks between the State and the religious congregations was how the State's team was narrowed down to just the then minister for education and science, Dr Woods, and his Department secretary general, Mr John Dennehy.
According to documents released to The Irish Times under the Freedom of Information Act, an undated briefing note prepared for Dr Woods, most likely in June 2002, explained that core negotiators on the congregations' side were Sister Elizabeth Maxwell, secretary general of the Conference of Religious of Ireland (CORI), Sister Helena O'Donoghue, of the Sisters of Mercy, Brother Kevin Mullen, of the Christian Brothers, and Mr Donal O'Donnell, senior counsel.
A meeting of State officials on February 15th, 2001, was told Mr Paddy Teahon was likely to act for the congregations at the next meeting arranged with the congregations for February 21st 2001.
Mr Jim McCaffrey, assistant secretary at the Department of Finance, "indicated that he would mention this to the Minister". Mr Teahon's name is not mentioned thereafter.
The State was represented by a core group which included Mr Liam O'Daly and Ms Sinead McSweeney, of the attorney general's office, Mr Eugene O'Sullivan and Mr Joe Cullen, of the Department of Finance, Mr Tom Boland and Mr Fergal Costello, of the Department of Education and Science.
From the outset it was clear the religious were anxious about leaks. The necessity for confidentiality was emphasised by them repeatedly, including to the media.
It also emerged early on that the congregations identified the Department of Finance and the Attorney General's Office as more hardline in negotiations..
In the main, confidentiality was maintained until the congregations made their "only and final offer" on June 26th, 2001. It amounted to £45 million.
In addition they felt the State should include property transferred to it over the previous 10 years. That offer was rejected by the Minister for Finance, Mr McCreevy.
Dr Woods decided not to bring it to Cabinet, fearing its rejection there would lead to a complete breakdown in negotiations. Stalemate ensued.
During the summer of 2001 information began to appear in the media, including "some very specific details of the negotiations". There was outrage among the congregations.
Senior counsel Mr O'Donnell wrote to the Department of Education saying the congregations believed the leaks were "officially inspired or sanctioned at a high level".
An RTÉ news report on October 17th, 2001, provoked a similar reaction from the congregations. To the embarrassment of Mr Tom Boland it followed what he considered a background briefing he had given journalists the previous day, as he explained in a letter to Sister Maxwell on October 18th, 2001.
On November 6th, 2001, Mr Paul Kelly, assistant secretary at the Department of Education,urging the resumption of dialogue, expressed regret in a letter to Sister Maxwell "that such reports occurred".
The following day, November 7th, 2001, just two people represented the State at a meeting with the congregations - Dr Woods and Mr Dennehy.
They met Sister Maxwell, Sister O'Donoghue, Brother Mullen, and Mr O'Donnell SC. Both parties met again on January 7th, 2002. There are no documents extant from these meetings apart from a memorandum prepared on March 10th, 2002, by Mr Dennehy.
As he put it then "following the June offer, the congregations became greatly suspicious of the negotiation process in view of what appeared to be well-informed leaks to the media...In the interests of seeking a final resolution to the issue the Minister agreed to meet with them, accompanied only by myself as secretary general."
It was from those two meetings that the agreement in principle, announced on January 30th, 2002, emerged.
It was signed on June 5th, 2002.