Commission of Investigation into allegations of sexual abuse in all day and boarding schools

The Government has approved the establishment of a Commission of Investigation into allegations of sexual abuse in all day and boarding schools. The announcement follows the publication of the report of a Scoping Inquiry into historical sexual abuse in day and boarding schools run by religious orders in September 2024 which found that 2,395 allegations of sexual abuse were made in schools operated by religious orders in Ireland, against 844 alleged abusers between the years 1927 - 2013. The Minister described the findings of the report of the scoping inquiry as “devastating”.

Mr Justice Michael MacGrath is to be appointed chair of the Commission and will be assisted by two commissioners who will engage with survivors whilst examining the management of sex abuse claims in both religious and State schools.

The Minister for Education has confirmed that the Attorney General was involved with the drafting of the terms of reference for the Commission. A timeline has been set for the Commission to complete its work and report within five years with a requirement that an interim report will be published after two years confirming that the five-year timeline will be complied with or in the alternative propose modification to the Terms of Reference to enable the five year timeline to be met. The Minister has promised that the Commission will not be privy to endless extensions and maintains that the terms of reference were drafted in such a way as to ensure that the Commission would not run over time.

In relation to engaging with survivors in order to take up evidence, this is to be an anonymised and a non-adversarial process. Survivors will not be cross examined. The terms of reference set out that the approach of the Commission will be as survivor centred as possible and that a trauma informed approach to working with those who have experienced child sexual abuse will be promoted. Once the Commission begins its work, a survey of survivors will be completed in order to identify the needs of survivors.

In relation to compensation for survivors, the Minister has indicated that further work is required to consider this matter and how any compensation scheme could be funded. It is considered that redress could be significant and that those responsible will be required to contribute to the vital element of redress.

If you would like any further information or advice, please contact Ciara Hanratty or Ciara Cornyn from our Public Inquiries and Healthcare team.

*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice that is tailored to your circumstances