WHAT THE COMMISSION DOES:ON MAY 11th, 1999, the then taoiseach Bertie Ahern apologised in the Dáil on behalf of the State to victims of childhood abuse.
Following Mr Ahern’s apology, the Commission to Inquire into Child Abuse was established statutorily in May 2000 to hear evidence from men and women about abuse they suffered as children in institutions covering the period from 1940, or before, up to the time of the investigation.
It was also asked to “determine the causes, nature, circumstances and extent of such abuse”, and to prepare and publish reports on its inquiry and make recommendations. It had a mandate to investigate four types of abuse: physical, sexual, neglect and emotional abuse. The commission heard evidence through two committees, the Investigation Committee and the Confidential Committee.
The Confidential Committee was a forum where people who suffered abuse as children in institutions could recount their experiences. They could not be identified, nor could those against whom allegations were made or the institutions where the abuse occurred.
This committee was not mandated to make any findings on the basis of such allegations. Its hearings were informal. Witnesses were not legally represented. A total of 1,090 people appeared before this committee.
The Investigation Committee heard evidence from witnesses who wished to have their allegations of abuse inquired into. It also heard from respondents, individuals, congregations and others, at both public and private hearings.
Those appearing before it were entitled to legal representation and to cross-examine witnesses. A total of 2,107 people applied to this committee; 227 were given a hearing and 493 were interviewed.
The first chair of the Commission to Inquire into Child Abuse, Ms Justice Mary Laffoy, resigned in September 2003, saying in her resignation letter that the commission had “never been properly enabled by the Government to fulfil satisfactorily the functions conferred on it by the Oireachtas’’.
The Commission to Inquire into Child Abuse, now chaired by Mr Justice Seán Ryan, is entirely separate from the Residential Institutions Redress Board. The board was set up in 2002 with the intention of making “fair and reasonable awards to persons who, as children, were abused while resident in industrial schools, reformatories and other institutions”.
The board received 14,594 applications, and 12,482 cases had been addressed by it as of December 23rd last. The average value of awards to date is €64,230, the largest award being €300,000.
It is expected the total cost of awards will exceed €1 billion, of which €128 million has been contributed by the 18 religious congregations which were involved in running the relevant institutions.
This amount, to be paid in cash and property, was agreed as part of a controversial indemnity deal between the State, led by then minister for education Dr Michael Woods, and the congregations in 2002. It granted the congregations indemnity against all future claims.
