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Irish Times
6 days ago
- Politics
- Irish Times
Remove statute of limitations to encourage churches and orders to pay sex-abuse redress
In November 2022, when a tsunami of sexual abuse allegations swept into the public domain following the broadcast of the RTÉ radio documentary Blackrock Boys, much of the focus was on abuse in Irish schools run by some of the religious orders. However, allegations soon emerged about similar abuse in primary and secondary schools run by the Catholic and Protestant Churches. On many grounds, not least moral, they would appear to be as obliged as the State and religious orders when it comes to contributing to compensation for people abused in their schools. Traditionally, the Irish education system has been run by the churches. Currently, 88 per cent of primary schools in Ireland are Catholic, with 5.7 per cent linked to the Church of Ireland . READ MORE At second level, of 717 of 722 post-primary schools are run in association with the main churches – 338 have a Catholic ethos, 21 are Church of Ireland, 211 are multi-denominational and 147 are inter-denominational. Of the remaining five, two are Quaker-run, while Presbyterians, Methodists and Jews run one each. All schools come within the remit of the Commission of Investigation into the Handling of Child Sexual Abuse in Schools, announced by Minister for Education Helen McEntee earlier this month. Based on previous inquiries and convictions in the courts, it is known there was sexual abuse in schools other than those run by religious congregations. Yet, recent discussion around redress seems focused entirely on contributions made, or not, by religious orders, which have been found wanting. For instance, all four religious orders involved in running Magdalene laundries refused to contribute to a redress scheme for women who spent time in those institutions. Of the eight religious congregations involved in running the Mother and Baby Homes , just two have agreed to contribute to redress for survivors. Of the approximate €1.5 billion paid to survivors of residential institutions for children, about 16 per cent has come from the 18 religious congregations that ran them. According to Department of Education figures, the total adjusted offers towards redress from those orders amounted to €435.53 million, with €245.24 million realised. Even the controversial 2002 'indemnity deal " entered into by the 18 religious congregation has not been fulfilled. Two properties have yet to be transferred, with €124.94 million of the €128 million pledged under the deal realised so far. Prof Conor O'Mahony, director of the Child Law Clinic at UCC, said one possible way of encouraging the orders and the churches to contribute to a redress scheme would be to remove a statute of limitations on survivors taking legal actions against them. 'Then it would be in their interest to contribute to a redress scheme, as a way of reducing overall costs.' O'Mahony noted, however, that under Article 44 of the Constitution, the orders are entitled to hold on to their property. Where the State is concerned, and repeating what he wrote in this newspaper following publication of the scoping inquiry report last September, he said 'survivors, solicitors, the Irish Human Rights and Equality Commission and the Child Law Clinic in UCC have spent a decade battling the Department of Education , seeking the full implementation of the O'Keeffe judgment, but this has yet to happen". Louise O'Keeffe was aged eight when she was abused at Dunderrow National School in Cork in 1973 by principal Leo Hickey. Complaints had been made against him but, in line with Department of Education policy then, these were directed to the local priest. Hickey remained at the school, perpetrating more than 400 counts of abuse against at least 20 victims. Following further allegations, he resigned and moved to another school, where he taught for a further 22 years until his retirement in 1995. In 1998, he pleaded guilty to 21 sample charges relating to the sexual abuse of girls under his care and was sentenced to three years in prison. O'Keeffe took legal action for damages, but the courts ruled the department was not liable because the school was under Catholic Church management, even though the State paid Hickey's salary. She appealed to the European Court of Human Rights , which in 2014 found Ireland had failed to protect O'Keeffe from Hickey while at school. It said the State, when relinquishing control of education, should have been aware of the potential risks and put in place safeguards given its obligation to protect children. By failing to put in place adequate child-protection measures until the early 1990s at primary and second level, O'Mahony said the court found 'the Irish State had a stand-alone culpability for breach of convention rights, independent of any other actor'. 'The Irish government interpreted the ruling as meaning it was only liable for damages in cases where there had been a prior complaint against an abuser,' he said. O'Mahony said that while O'Keeffe was awarded damages, it was unfortunate that the scheme was 'designed from its inception to make it almost impossible to receive compensation'. 'Only one-third of the budget of €31 million allocated to the scheme was paid out. Most of the people abused by the same teacher as Louise O'Keeffe [was] would not have qualified for payments under the scheme – which demonstrates the bizarre logic at work,' he said. 'Very simply, the 2014 O'Keeffe judgment demands that every child who experienced sexual abuse in a defective child protection framework in schools be compensated for that abuse. The Government needs to match words with action for the first time on this matter.'
Irish Independent
7 days ago
- Business
- Irish Independent
New special school for North Cork
The timeline for making applications to the new special school closed earlier this month and the Cork Education and Training Board is now making offers of places. A principal and deputy principal have been recruited and the recruitment of teaching staff and Special Needs Assistants (SNAs) is in progress. Capacity is also being expanded at two other special schools in Cork. The East Cork Community Special School in Carrigtwohill will have an extra 24 places for the coming school year, using accommodation at Fota Business Park. Rochestown Community Special School will have 18 extra places. The scope of works has been completed there and a contractor has commenced on site. Education Minister Helen McEntee and Minister for Special Education and Youth Michael Moynihan brought a memo to Cabinet this week announcing 407 additional special classes in schools across the country for the coming school year, including 56 across Cork. Special schools support students with more severe and/or complex special educational needs in cases where a full-time mainstream placement would not be in the student's best interest.
Irish Independent
14-07-2025
- Politics
- Irish Independent
Ireland pushes back at EU over hate-speech laws as it faces legal action
Last year, the Government decided to separate hate-crime and hate-speech legislation and drop the section on hate-speech laws. In May, the EU Commission told the Government it had two months to begin implementing an EU directive that combats racism and xenophobia. The Government has written back to the commission, saying the laws on hate crimes 'are effectively transposed' by existing Irish laws. The State faces legal action from the EU if it does not enforce European laws on hate speech. A spokesperson for Justice Minister Jim O'Callaghan said: 'Ireland has engaged with the European Commission on this matter and has certain reservations with regard to the commission's analysis of the perceived shortcomings of the current Irish implementation, in particular, that sufficient weight has not been given to Ireland's position that the provisions in the framework are effectively transposed by existing Irish constitutional, statute and common law. 'The Government will continue to engage with the commission to ensure that any outcome respects Ireland's common law tradition and the implementation of the framework.' The spokesperson said the hate-crime laws already brought in mean longer prison sentences for hate crimes, if they can be proven to have been motivated by hatred or where hatred is demonstrated. 'For example, the legislation ensures that assault aggravated by hatred, or damage to property aggravated by hatred, will attract higher prison sentences. Where hatred is not proven, a person can still be charged with assault or damage to property,' they said. The hate-speech part of the law was dropped after pressure on the previous justice minister Helen McEntee from her own backbenchers in the last government. Sinn Féin also called for the contentious legislation to be scrapped, even though the party initially voted for the laws in the Dáil. Taoiseach Micheál Martin previously disagreed with the commission's position, saying existing laws go beyond the proposed EU laws. 'My understanding is the [Justice] Minister believes the commission isn't quite accurate, but it's a matter and we have to work out and deal with the commission. We want to be in compliance with the European framework,' he said.
Irish Examiner
14-07-2025
- Politics
- Irish Examiner
Have we learned any lessons after Grace?
Last week the minister for education and youth Helen McEntee announced the establishment of a commission of investigation on 'historical abuse' in schools. Broadly welcomed by survivor groups, the commission follows a scoping inquiry published in 2024 detailing 2,395 allegations of sexual abuse recorded across 308 schools run by religious orders up until the 1990s. The commission will examine the handling of allegations, suspicions, and concerns of sexual abuse in all schools, including primary and post-primary. There is nothing 'historical' about the deep trauma survivors have carried with them in the intervening period. There is nothing historical about the legacy of that trauma, the lasting scars from the silence in the face of horror, and the intergenerational wounds carried in families across the country. Devastatingly for our members in Inclusion Ireland, the scoping inquiry found that children in special schools were disproportionately affected; 17 schools accounted for 590 allegations involving 190 alleged perpetrators. It is a sad, well documented fact that children with intellectual disabilities are 4.6 times more likely to be abused than their nondisabled peers (World Health Organization Study). The CSO confirmed a higher rate of abuse for disabled children in its 2022 report. The shocking reality that almost 25% of the total number of allegations of abuse arose in special schools must be faced. The State has a unique opportunity right now to rectify some of the wrongs and to meaningfully and purposefully support people to access their fundamental right to justice. Since the publishing of the final report of the Farrelly Commission into the 'Grace' foster home abuse case, Inclusion Ireland alongside leading advocates, survivors, and family members have been documenting lessons learned. One of the biggest lessons from Grace was how the commission terms of reference did not give adequate recognition to her communication as a non-speaking woman. She was therefore, in effect, silenced in a process that could have done a lot more to ensure her voice was heard. Many of the survivors who attended special schools will have communication rights that must be recognised, just like Grace. Some of the survivors will be non-speaking, some individuals cannot rely on speech to communicate, and may use technology or other forms of communication to get their message across. Read More Grace is not a victim of unfortunate oversight, but a citizen whose rights were repeatedly violated These facts should in no way inhibit a person's right to access justice. These facts mean that the commission needs to be designed in a specific way that recognises the communication preferences of the survivors and puts every measure in place to ensure survivors can communicate their stories, in their own way. The commission must see non-speaking people's communication and testimony as just as valuable and valid as any other survivor. On a practical level, there are a number of measures that can be put in place to make this a reality. The role of the intermediary, independent advocacy, and the role of the family can all be named in the terms of reference. Consideration can be given to the person's right to express their will and preference and to make decisions, with a specific naming of the assumption (as per our Assisted Decision Making legislation) that every person has the capacity to make decisions for themselves, no matter what level of support they might need to do so. Specific reference can be made to reasonable accommodations and the use of accessible information as part of the inquiry process. The commission could have independent oversight from disabled persons organisations and human rights bodies to ensure that it meets its obligations under the United Nations Convention on the Rights of Persons with Disabilities. To not give due weight to these considerations means that we have failed the survivors yet again and failed to learn from the stories of exclusion and injustice that disabled people and their families have communicated so clearly to the State. The systematic abuse of children in special schools is an absolute stain on our society. How can we face this, make this right? How do we break this cyclical pattern and say with real clarity and conviction, never again? There is a moment now to do just this. The terms of reference for the commission have not been published yet. There is a unique opportunity to get them right. Survivors of trauma often talk about their silencing. The survivors we know are twice silenced; once through their abuse and the second time by a failure to recognise and support their communication as valid and meaningful. Today we will write to the minister to highlight what needs to be done so that people with intellectual disabilities can have their rights vindicated. The dark hallmarks of our past as a society; turning the other cheek, institutional power and infallibility must be relegated to the past. It is beyond time for voices that were long silenced to be fully heard. Derval McDonagh is CEO of Inclusion Ireland. Read More Government accused of failing Grace abuse victims amid backlash over Farrelly report findings
Times
12-07-2025
- Politics
- Times
How spike in deportations led to massive drop in asylum cases
The number of people seeking asylum in Ireland has dropped significantly following a government strategy of fast-tracking the international protection process and ramping up deportations. Jim O'Callaghan, the justice minister, will present new figures to a cabinet committee on immigration tomorrow showing 43 per cent fewer migrants have sought asylum in the first six months of this year compared with the same period in 2024. The number of people deported after failing to secure international protection has been steadily increasing over the past number of years. In 2023, when Helen McEntee was justice minister, 80 people were deported and 156 people had to leave the following year. So far this year, 198 people have been deported, with the majority being flown to their country of origin on chartered flights accompanied by gardai.
