Scoping Inquiry into Historical Sexual Abuse in Schools run by religious orders Barry Healy & Company Solicitors Monaghan T/A Healy Law

Terms of Reference

          Scoping Inquiry into Historical Sexual Abuse in Schools run by religious orders

Mary O’Toole SC is requested to provide a report to the Minister for Education in accordance with these Terms of Reference by 7 November 2023.

The purpose of the report will be to –

·         set out a potential framework for a Government response into historical sexual abuse in day and boarding schools run by religious orders that could also form a template for Government responses elsewhere.

·         make recommendations on the scope/breadth and sequencing of such a response or modular response that will, in so far as is possible, best meet outcomes sought by survivors of historical sexual abuse and to suggest Terms of Reference for same.

·         outline findings of best practice that emerge from workstreams as relevant and appropriate to future practice in the area of child protection and potential restorative justice initiatives by religious orders.

The report will include 

        i.            An options review and analysis of previous inquiries to include –

·         a critical analysis of previous inquiries in terms of methodology, outcomes achieved, impact on policy and practice, and impact of outcome on survivors and families, and, in particular to consider the following –

Ø  Ferns Report

Ø  Commission to Inquire into Child Abuse

Ø  Dublin Archdiocese Commission of Investigation (Murphy Report)

Ø  Dublin Archdiocese Commission of Investigation (Cloyne Report)

·         an assessment of options for an appropriate Government response including different types of statutory or non-statutory options or a combination of such options, having regard to

Ø  Alignment with outcomes sought by survivors of historical sexual abuse in schools run by religious orders (to be informed by the survivor engagement process).

Ø  The potential impact of the process and its outcomes on survivors and their families, including the potential for re-traumatisation.

Ø  Legal issues and/or considerations that may arise, including the necessity for powers of compellability and risks to any Garda investigation running concurrently.

Ø  Timeframe and cost.

·         an examination of international practice in the investigation of historical sexual abuse in schools (non-criminal investigations).

·         engagement both at an early stage and throughout the scoping process, with the religious orders to establish the level and extent of co-operation with any proposed inquiry.

      ii.            An analysis of the potential scale of historical sexual abuse in schools run by religious orders in Ireland including:

·         a desk-based review of the extent of complaints or allegations of historical sexual abuse made against all religious orders , with reference, amongst other sources, to safeguarding audits commissioned by the Catholic Church;

·         a consideration, in as much as is possible, of the likelihood and possible volume of further complaints or allegations emerging and the impact that this scale will have on the appropriate type, sequencing, timeframe and cost for a Government response.

In considering these issues and preparing her report, Counsel must particularly have regard to the outcome of the survivor engagement process, including the report(s) of the survivor engagement lead.  Counsel will also have regard to the following reports and material as prepared by commissioned experts during the course of the scoping inquiry –

·         A critical analysis of current child protection systems and frameworks within the primary and post primary school sector, including identifying any potential impediments to reporting, investigation and response to allegations and incidents of sexual abuse. A historical context, covering the decades during which these allegations were made, will also be provided.

·         A critical analysis and audit of the response of religious orders to historical sexual abuse allegations by way of Restorative Justice Schemes and other initiatives / supports, to include recommendations for appropriate standards for such responses.

In carrying out this work under the Terms of Reference, Counsel shall also have regard to the potential impact of her considerations and/or her report on any criminal prosecution or ongoing Garda investigation that may be affected.

Dated 7 March 2023