In a previous blog we addressed the fact that the Irish Government had received the Report of Scoping Inquiry into historical abuse in religious schools

On 3 September, 2024, the Irish Minister for Education finally published that Report and announced that a Commission of Investigation is to be established, following a recommendation in the Report of the Scoping Inquiry that such a Commission should be set up to examine historical sexual abuse in day and boarding schools run by religious orders. This is only one of a number of recommendations made by Senior Counsel, Mary O’Toole in her report to Minister Foley.

The Scoping Inquiry has been told of some 2,395 allegations of historical sexual abuse, involving 884 alleged abusers in 308 schools across all parts of Ireland between the years 1927 to 2013. 

Most of these allegations have been reported from the records of some 42 religious orders who currently or previously ran schools in Ireland.

Minister Foley said: “The Report of the Scoping Inquiry is a harrowing document, containing some of the most appalling accounts of sexual abuse” and that “One of the most compelling aspects of the Report is that older participants provided devastating accounts of how sexual abuse in childhood has affected their entire lives, from their schooldays through adolescence, early adulthood and right through to later years.”

Minister Foley noted that historical sexual abuse is a profoundly serious matter and needs to be examined in detail.

In addition to recommending the Commission of Investigation, the Report of the Scoping Inquiry also recommended the following:-

• That consideration be given by the Irish government to establishing a redress scheme for survivors of historical sexual abuse in day and boarding schools run by religious orders.
• Improving the experience for survivors in legal processes.
• The establishment of dedicated support services for survivors, particularly in relation to the Commission of Investigation and potential participation in that process.

The Scoping Inquiry organised a Survivor Engagement process where those who had experienced sexual abuse in day and boarding schools run by religious orders were invited to come forward and share their views regarding how they felt the State should respond. Those who participated in this process reported having experienced sexual abuse in primary, post-primary and special schools, both public and private, run by religious orders across the country. 

Survivors were clear in their wish to ensure that whatever process is put in place can compel witnesses and documents and give survivors the option of giving evidence in private for those survivors who do not wish to speak publicly about what has happened to them. 

Survivors were also clear that they did not feel that highly adversarial processes are appropriate for examining the issue of sexual abuse, and that a Commission of Investigation has the flexibility to limit the potential for re-traumatisation for those who give evidence before it.

Minister Foley expects that the report from such a Commission of Inquiry could take up to five years to be published, however, other commentators say that it could take much longer particularly if the Irish Government take on board the views of the Scoping Inquiry that the proposed Commission of Inquiry should not be limited to schools run by religious orders.

The Irish Government is now in the process of establishing a high-level group to make recommendations on next steps.