Constitutional worries over religious abuse compensation

THE controversial abuse compensation deal between the Government and religious orders may have to be renegotiated because of constitutional problems.

Government Ministers are standing by the deal struck by former Education Minister Michael Woods in the final days of the old government. The deal saw the religious orders contribute just under 150 to the compensation fund for victims of abuse in residential institutions.

But the Government has no idea how much the compensation will cost in total, with estimates wildly ranging from the original €400 million to €2 billion.

The deal is now being probed by two Dáil committees, including the high powered Public Accounts Committee.

The Department of Education is insisting the deal is legally sound and was cleared by the Attorney General’s office. But the indemnity granted to the religious orders in return for their contribution could be in conflict with the constitution.

Article 44 of the constitution states that the Government cannot endow any religion.

Fine Gael education spokesperson Olwyn Enright says her legal advice suggests the agreement is thereby illegal. She also believes the insurance policy taken out by the religious orders may prevent them from availing of the government’s indemnity.

Doubts are also being raised about the transfer of properties to the State from the religious orders counting as part of the package. Schools and hospitals included as part of the deal were already effectively owned by the State and may not be allowed to be used for child abuse payments.

The agreement may also be in conflict with the succession act, according to Progressive Democrats Senator John Minihan.

Labour leader Pat Rabbitte has also upped the political pressure on the Government by calling on the Taoiseach to lift the veil of secrecy imposed on the deal.

According to Mr Rabbitte, there has rarely been a deal of such potential significance to the taxpayer where so little information has been made available to the Oireachtas or the general public.

Accusing the Government of pulling down the shutters and suppressing the full story on the deal, the Labour leader said nobody was disputing the right of victims to compensation, or the State's share of liability, but what was at issue was the balance struck in the deal.

“By any standards, this was an extraordinarily generous deal from the Congregations’ viewpoint and potentially an exceptionally expensive one for the taxpayer. Given the fact that nobody knew how many cases would be taken or what the cumulative compensation bill would be, surely it would have been prudent to agree that the State would accept a certain percentage of the final bill, with the Congregations taking up the balance,” he said.

It was also unclear whether the final deal was vetted and approved by the Finance Minister Charlie McCreevy and the then Attorney General, Michael McDowell, Mr Rabbitte said.