The chairman of the Commission to Inquire into Child Abuse has expressed his frustration and anger at delays by the Christian Brothers in providing documents to the inquiry.
Seán Ryan SC accused the congregation of wasting the commission's time by failing to provide questionnaires filled out by brothers who worked in industrial schools which are the subject of allegations of child abuse.
Brother Séamus Nolan, of the Christian Brothers' St Helen's (southern) province leadership team, told the commission last May the documents would be passed on. However, six months later, most have not been provided, and the brothers are now claiming legal privilege over them.
"It makes us uneasy to the point of suspicion if such efforts are being made to withhold something as simple as this," Mr Ryan commented yesterday.
He said the commission had been "fobbed off" and "pushed from pillar to post" in a lengthy "sparring match" with the brothers' lawyers. Their claim for privilege "waxes and wanes, comes and goes" and was then waived for some documents. He asked whether the brothers, by sending the commission a blank questionnaire after six months of giving it "the runaround", was being deliberately offensive.
He also demanded an explanation for the six-month waste of the inquiry's time, and an assurance that the brothers had no other documents in their possession that could be relevant to its work.
Brother Nolan said he was "completely oblivious" to the correspondence which had passed between the two sides. He had found the questionnaire fairly useful but didn't think they contained anything of great note.
Pádraig Lankford, of Maxwells solicitors, for the brothers, said Brother Nolan had not been aware of the privilege issue when he gave evidence in May.
"Do you think we have nothing else to do? Do you think the way your firm dealt with us was satisfactory?" the chairman asked.
Mr Lankford said he was "constrained". It was a complicated matter. While there had been some delay in giving a final response, they had indicated their broad position before this.
Brother Nolan mentioned the existence of the questionnaires when giving evidence about Carriglea industrial school in Dún Laoghaire last May. The commission had not previously known about these documents. He undertook to provide them to the inquiry.
In June, the commission wrote to Maxwells, the brothers' solicitors, asking for the documents.
Six weeks later, the brothers replied through Maxwells saying the questionnaires had been drawn up in 2000 in preparation for legal action and the imminent likelihood of an inquiry. They were therefore current working documents and covered by legal privilege. They referred the matter to a senior counsel for further examination.
Further correspondence was exchanged but by early November the commission still hadn't heard the opinion of the brothers' senior counsel, or received any of the documents.
It notified the brothers that a public hearing would be heard in relation to the issue.
Maxwells then requested a private meeting with the commission lawyers but this was refused. The commission said it had come under pressure from victims' groups for such meetings. To agree to meet the Christian Brothers privately, while it might have practical benefit, would expose the commission to criticism and claims of inconsistency.
At this point, in mid-November, the brothers waived the privilege it was claiming in respect of Carriglea. Their lawyers sent a blank questionnaire to the commission. Commission lawyers wrote back saying they required completed questionnaires for all the brothers' industrial schools.
