The State, which has been reimbursed only €242m of the €1.5bn it has paid out, should now take only lands and buildings for Community purposes; not paltry cash By Carolin Zaniewicz and Michael Smith The Commission to Inquire into Child Abuse, also known as the Ryan Commission, was established in 1999. Its goal was to investigate the extent of physical, sexual and emotional abuse of children in institutions such as children’s homes, schools, foster care and hospitals run by Catholic Orders in Ireland from 1936 onwards. The results of this investigation were published on 20 May 2009 in the Ryan Report. The report detailed “significant levels of abuse” suffered by children, who were placed by the Irish State in residential institutions run by Catholic religious orders. It found that thousands of boys and girls were subject to chronic beatings, sexual abuse and humiliation at the hands of Catholic priests and nuns. The investigations also brought to light that the government had been aware of those abuses happening, yet the “deferential and submissive attitude of the Department of Education towards the Congregations compromised its ability to carry out its statutory duty of inspection and monitoring of the schools”. First, Indemnity, Deal The outcomes of the report shocked the nation; and further controversy followed an indemnity deal signed on 5 June 2002 between then Minister for Education, Michael Woods, and 18 religious orders. It was decided that the contributions of the religious institutions to the bill for the abuse would be capped at a value of €128 million Euro, including originally 64 properties. An indemnity was given by the State against further liability, forcing the remainder of the bill onto the Irish State. Woods seemed animated by the fact that the congregations estimated their legal liability at under €60 million if forced into court, as they believed nine out of ten cases would fail— mainly because of the statute of limitations. Woods was determined to believe them though 20 years later it is clear that many religious orders including Spiritans, Jesuits and Carmelites are now reportedly paying pupils for abuse in their schools because they cannot sustain technical defences, morally, and want to continue to act in positions of authority. Crucially too, the cost of the estimated redress portion of the liability rose fivefold to €1.25 billion as a result of the numbers and severity of claims. The State has long estimated the total cost of the inquiry bill, a survivor redress scheme and related survivor supports at €1.5 billion. This has proved accurate and includes payments of nearly 15,000 claims, at an average award of €62,250; and €193 million in legal costs. The State thinks the religious should in principle pay 50%, but the religious demur. The agreement was infamously signed just before the 2002 general election, and consequently was not laid before the cabinet for its approval. It then remained unpublished for several months. Woods said that his strong Catholic faith made him the most suitable person to negotiate the deal. When asked to give a statement about the exclusion of then Attorney-General, Michael McDowell, and his officials from two meetings, Woods said: “The legal people simply couldn’t have attended – it was a no-go area for them – they had fallen out with the religious”. Woods also tried to shift the blame for the institutionalised child abuse onto the State and made the untrue statement that it was the Department of Education that “had control, management role, organisation” and that the State knew all the details when making the deal. Of course, exaggerating the culpability of the State minimised the liability of the Catholic Church. However, the reality was that management was exclusively a matter for the religious orders. Journalist and campaigner Mary Raftery criticised his remarks, pointing out that some of them contradicted statements made by Woods himself. While Woods said his Catholicism was an asset that had helped to break a deadlock in negotiations, he denied he was a member of Opus Dei, the Knights of St. Columbanus or any other lay Catholic organisation. Second, Voluntary, Deal In 2015, there was a second, this time voluntary, deal which agreed to an additional €352 million, given the findings of fault. However, according to an April 2017 report from the Comptroller and Auditor General, the voluntary sum was reduced to €193 million (a press release from the same body a month earlier said €226 million), after the Christian Brothers reduced their voluntary commitment to surrender playing fields by €127 million. There were also other extraordinary adjustments and re-evaluations. The government was aware of the abuses yet the “deferential and submissive attitude of the Department of Education towards the Congregations compromised its ability to carry out its statutory duty of inspection and monitoring of the schools” The value of the indemnity and voluntary deals was a combined €321 million (€128 million plus €193 million) coming, according to the Irish Times, in part from a portfolio of 49 school playing fields from the Christian Brothers valued at €127 million and 48 Sisters of Mercy properties valued, though not independently, at some €107 million. Then Education Minister Richard Bruton noted in 2017 that if the religious orders paid up on all the offers it would come to only 21% of the €1.5 billion paid by the State up to then. As if all that was not scandalous enough, it seems that nearly all of the religious congregations have fallen short of their commitments, especially the voluntary ones. Payments under first Indemnity Deal Some €125 million of the €128 million provided for under the 2002 Indemnity Agreement has indeed creditably been contributed, with the transfer of two properties remaining to be fully completed. The cash and counselling contributions received under the Agreement, amounting to some €65 million, were made on a collective basis which is why it is not possible to identify the amounts paid by individual congregations. Payments under Voluntary Deal The voluntary contributions made in the aftermath of the publication of