Investigation of historic child sexual abuse will now include all schools

Initially planned to investigate only religious-run schools, the remit of the commission of investigation into the handling of historic child sexual abuse has been widened to include all schools. Stock picture: Simon Kadula/Alamy

The commission of investigation into the handling of historic child sexual abuse in religious-run schools will be widened to include all schools, education minister Helen McEntee has confirmed.

The move to include non-religious schools has been welcomed but opposition parties say it is disappointing that physical violence is being excluded.

Detailing the terms of reference in the Dáil, Ms McEntee said “all potential mechanisms that can be brought to bear to secure funding” from those responsible for sexual abuse in schools must and will be considered.

Work must be undertaken on any potential redress scheme, she said, and this work will include examining potential changes to the statute of limitations for civil claims and changes to the status of unincorporated associations.

Compellability and ambit

The Dáil heard that the commission will have the power to compel witnesses and documents, something raised as a key concern for survivors who participated in the scoping inquiry.

Schools, persons, entities responsible for and associated with schools such as An Garda Síochána and the HSE, predecessor and successor organisations, and the Department of Education will all fall within the ambit of the commission, Ms McEntee said.

The commission, which will be chaired by Mr Justice Michael McGrath, an eminent judge of the Court of Appeal, will include a survivor engagement programme, taking a “survivor-centred and trauma-informed approach”, that will run in parallel to the formal investigation.

The non-adversarial engagement programme will be permitted to hear from relatives of a deceased or incapacitated survivor and will be completely anonymous will seek to minimise risks of re-traumatisation.

Impact on children with additional needs 

The minister of State with special responsibility for special education Michael Moynihan acknowledged the particular impact on those with additional needs, as the scoping inquiry found that children with disabilities experienced sexual abuse at a much higher rate than children without disabilities.

Mr Moynihan gave assurances that there will be support for those with additional needs to ensure that the engagement programme is accessible and inclusive.

The work of the investigation must be completed within five years with no room for extensions as Ms McEntee said survivors have been clear that they want to see outcomes in their lifetime.

However, opposition TDs said older survivors have expressed to them that they feel five years is too long.

Responding to concerns raised regarding physical abuse not being included in the commission, Ms McEntee said the scoping inquiry was clear that, in order to get the answers that survivors of sexual abuse deserve, the commission must stick within the remit.