EXPLAINER: What is the Scoping Inquiry that is presently in the news?

What is the Scoping Inquiry that is presently in the news?

The Scoping Inquiry was established in March 2023 as a non-statutory inquiry.

It was established following the highlighting of abuse allegations from the 1960s and 1970s at schools run by religious congregations. These abuse allegations were publicly highlighted in an RTÉ documentary, ‘Blackrock Boys’, in November 2022.

Following the broadcast, many men came forward from this school and others, outlining similar experiences.

The Minister for Education, Norma Foley T.D., then announced the establishment of a Scoping Inquiry to inform the Government’s response to revelations of historical sexual abuse in schools run by religious orders.

The Minister for Education Norma Foley appointed a Senior Counsel, Mary O’Toole SC, as the Lead of the scoping inquiry.

The report is publicly available online HERE

The report is approximately 800 pages, and it details the historical sexual abuse which took place in schools run by religious orders.

How was the scoping inquiry report prepared/compiled?

The approach of the inquiry was a Survivor Engagement process. It involved consultation with survivors. Survivors were first invited to register their interest in participating in the process, open to all former students of day and boarding schools run by religious orders.

Those who participated completed questionnaires about their experiences. Those that fell within the scoping inquiry’s terms of reference were invited to the second stage.

The second stage involved an interview with a trauma-informed facilitator or a written submission.

What did we learn from the scoping inquiry report?

As the Minister for Education Norma Foley described, the report is harrowing. Those who participated spoke about how the abuse had a devastating impact on their childhood and the effects on their lives.

The stories explain that there was no place or sense of safety in their schools or, indeed,  their lives as a result of their experiences of sexual abuse.

Appalling childhood sexual abuse is described by participants and is reported as occurring in various locations, including in classrooms, dormitories, sports facilities, and musical and extracurricular activities.

Some reported being sexually abused in their own homes by adults associated with their school who had gained their family’s trust, only to abuse that trust egregiously.

Participants described being sexually abused in the private offices and residential quarters of school staff and religious order members.

Many spoke of being sexually abused in the presence of other children or adults, and others reported being sexually abused when alone with a teacher, priest, religious brother, other school staff or a visitor to their school.

Many recounted that the sexual abuse had been ongoing, whilst others said it had occurred randomly or followed a period of grooming and was often reported as having been accompanied by ferocious violence.

From the report, we now know that the Scoping Inquiry was told of approximately 2,395 allegations of historical sexual abuse involving 884 alleged abusers in 308 schools across all parts of the country between the years 1927 and 2013.

Was this an investigation of the allegations?

The purpose of the report was not to investigate the allegation. The purpose of the inquiry was to consult with survivors, learn what is important to survivors now and what the next steps should be, and set out a potential framework for a Government response.

What recommendations have the scoping Inquiry recommended?

The Scoping Inquiry report has recommended that the Government establish a redress scheme and a Commission of Investigation.

The Scoping Inquiry has also recommended that the Government approach the relevant religious orders about contributing to a redress scheme.

Further recommendations relate to improving the experience for survivors in legal processes and the establishment of dedicated support services for survivors, particularly in relation to the Commission and potential participation in that process.

What would be the purpose or aim of a Commission of investigation?

It would be an investigation to investigate what happened in schools, who was responsible for what happened, whether there has been a cover-up, and what can be learned.

The report makes it clear that survivors wanted to establish what had been known by religious orders and school management at the time and what actions had been taken. If no action had been taken, they wanted to investigate why that was so.

The report also makes it clear that survivors also wanted the role of An Garda Síochána, health and social services, and government departments to be investigated as to what was known about the prevalence of sexual abuse during relevant periods and if steps were taken to address any concerns or issues identified.

Is this scoping inquiry report the full extent of the allegations?

No - and it is set out in the report that there is reasonable cause to believe that further allegations of sexual abuse in schools will emerge and that the number of allegations will exceed the number recorded in the religious orders’ records. This is due to several factors.

It seems clear that there is a high level of underreporting of sexual abuse generally.

What can you tell us about previous redress schemes?

The Mother and Baby Institutions Payment Scheme opened on the 20th of March 2024. Suppose you spent time at a mother and baby home or country home institution in Ireland.

In that case, you may be entitled to financial payments and health support under the Mother and Baby Institutions Payment Scheme.

The Redress Board was set up under the Residential Institutions Redress Act of 2002.

The closing date for receipt of all applications was the 15th of December 2005. The Residential Institutions Redress Board has paid out €970.03m to the thousands abused in Ireland’s residential institutions.

For further advice or if you wish to discuss any other legal area please contact reception@lynchsolicitors.ie or telephone 052-6124344.

The material contained in this blog is provided for general information purposes only and does not amount to legal or other professional advice.

While every care has been taken in the preparation of the information, we advise you to seek specific advice from us about any legal decision or course of action.

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