State rowed back on abuse deal

THE Government capitulated to pressure from religious congregations by allowing them to escape with a fraction of the contribution it originally sought in the compensation scheme for abuse victims.

Department of Education documents, released to the Irish Examiner under the Freedom of Information Act, show that Government officials allowed the congregations contribute just 90m in cash compared to the original demand for 190m.

The religious congregations also threatened to pull out of the deal over suspicions that the Government was deliberately leaking details of the talks to the media.

Government officials also abandoned their stance that there should be a 50/50 split between the State and the congregations.

In the final deal, signed in June 2002, the State accepted a 128m contribution of cash and property in return for a legal indemnity for abuse cases.

The religious congregations took a hardline stance in the talks which took over two years to complete, documents show.

After one offer was put forward by the congregations in June 2001, a Department of Education official warned the religious were adopting a “take it or leave it” approach.

“The congregations gave the clear impression that this package was their only and final offer and if not acceptable, they will end the negotiations,” the official warned.

The congregations, headed by Sr Elizabeth Maxwell of the Conference of Religious of Ireland, also refused to accept a 50/50 split over the total costs and said it went “far beyond what they envisaged happening”.

The talks almost broke down due to disputes over details of the indemnity and the size of the congregations’ proposed contributions.

After an official briefing to journalists, which resulted in an RTÉ News report which outlined the details of the talks, the congregations became greatly suspicious of the Government’s actions.

“They were most reluctant to engage in further detailed negotiations out of a concern that the confidentiality of the process of negotiation could not be guaranteed,” one memo says.

This resulted in the secretary general of the Department of Education, John Dennehy, and Education Minister, Michael Woods, agreeing to meet the congregations on a personal basis.

The documents also show a significant shift in the Government’s position when the Mr Woods took a more personal role in the negotiations.

While Government officials insisted that the congregations should not include properties which they already transferred to the State, this position changed in April 2002.

It agreed at this late stage in the talks to accept properties which were transferred to the State after May 11, 1999, when the Taoiseach made an apology to victims of abuse.

The Department of Finance had also warned that it should not agree to a transfer of property to a non-governmental organisation as part of the overall settlement.

This position also changed on May 8, when the State agreed to include properties transferred to registered charities, public bodies or the State.