Commission of Investigation into historical sexual abuse in day and boarding schools run by religious orders to be established

It has been announced that a Statutory Inquiry in the form of a Commission of Investigation (the “Commission”) will be established into historical sexual abuse in day and boarding schools run by religious orders.

The announcement was made as the Minister for Education published the report of the Scoping Inquiry, chaired by Senior Counsel Marie O’Toole, into historical sexual abuse in day and boarding schools run by religious orders. The 700-page report detailed abuse at 308 day and boarding schools in Ireland run by religious orders. The majority of the allegations arise in respect of 42 religious orders who presently or previously ran schools in Ireland. The Scoping Inquiry 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 work of the Scoping Inquiry began in March 2023 and the report was presented to Minister for Education in June 2024.

It is expected that the establishment of the Commission will be on foot of the Commissions of Investigation Act 2004, which provides a mechanism for the investigation of matters considered to be of significant public concern. An investigation by a Commission, allows for witness evidence to be heard in private, which is in keeping with the report of the Scoping Inquiry which noted that there were many participants who did not want to give evidence in public or be cross examined. The Commission will have the power to compel the attendance of witnesses and the production of documentation. The report of the Commission, when complete, will be delivered to the Minister who will be obliged to publish the report, unless it is considered that publication of the report might prejudice criminal proceedings that are in progress.

The establishment of a Commission is just one of a number of recommendations made by the Scoping Inquiry. It remains to be seen whether other recommendations, such as the establishment of a redress process for survivors of abuse in the schools covered by the Inquiry and the extension of the remit of the Commission to include all schools in the State, will be implemented. The terms of reference for the Commission are expected to be published in the coming months.

Read the Report gov - Scoping Inquiry into Historical Sexual Abuse in Schools run by religious orders (www.gov.ie)

If you would like any further information or advice, please contact Ciara Hanratty or Ciara Cornyn from our 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.