2025-12-09

I move: That leave be granted to introduce a Bill entitled an Act to facilitate the bringing of child sexual abuse proceedings against unincorporated bodies of persons, to enable such a body to pay damages arising from such proceedings from the assets of an associated trust in certain circumstances, to extend the limitation period provided for by the Statute of Limitations 1957 in respect of certain civil proceedings arising from claims of child sexual abuse, and to provide for connected matters. I am glad to be moving this important Bill, which I have been working on, as the Title shows, for some years now. Essentially, this Bill would facilitate the bringing of child sexual abuse proceedings against unincorporated bodies of persons. It would enable such a body to pay damages arising from such proceedings from the assets of an associated trust in certain circumstances. It would extend the limitation period provided for by the Statute of Limitations in respect of certain civil proceedings arising from claims of child sexual abuse. It would also provide for connected matters. This is an issue, as I said, that I have been working on for some time. In a previous life, as a practising barrister, I represented many survivors of abuse before what was then known as the Residential Institutions Redress Board. These were proceedings arising out of abuse perpetrated, in most cases, in industrial schools. I will never forget the experiences of the survivors I represented and the terrible abuse they suffered at the hands of both religious and lay figures employed by industrial schools, many of which were run by religious orders. They had shocking experiences. Desperate damage, harm and hurt were caused to so many people. The State's attempts to ensure redress were important in their time, but so much of this has been stymied by the obfuscation, delaying tactics and entirely legal but not ethical devices deployed by religious orders to avoid paying their share of redress. This enormous scandal in Irish life was brought back to us again starkly yesterday with the conviction and sentencing of the abuser Peter Kelly, a former maths teacher at Willow Park school in Blackrock. He was sentenced yesterday to ten years in prison for what was, again, a horrific litany of abuse. He was sentenced in respect of 28 counts against eight boys. I pay tribute to the brave survivors of abuse who came forward to enable the prosecution to be taken. Clearly, this was an abuser who remained in employment for decades in a school run by the Spiritans. This, again, is shocking. This Bill stems from my desire to do right by survivors. I know all of us want to do that. No organisation should be able to hide from accountability, yet for years religious orders have shifted their assets into lay-run trusts, which have no legal liability. Legal loopholes have been used to frustrate the efforts of those seeking redress for the terrible harms inflicted on them in childhood. I pay tribute to the Minister, Deputy Foley, who established the commission of inquiry into sexual abuse at schools. I know that is under way. It has been five months since its establishment and the commission is directed to submit its final report to the Minister for education no later than five years after its establishment. I pay tribute to David Ryan, the late Mark Ryan and the makers of the documentary for sharing their experiences and the experiences of others because their testimony precipitated the outpouring that led to that process. I know there is a high-level interdepartmental group arising out of that process that is advising the Government in respect of funding of redress claims. I bring forward this Bill in an attempt to be constructive as part of this process. We all know the dark and shameful past with regard to the Magdalen laundries, mother, baby and county homes, industrial schools, abuse in religious order-run secondary schools and other institutions. We owe an enormous debt of gratitude to those survivors and victims who have come forward and uncovered these abuses. We, as legislators, must step up to ensure there is redress and accountability for those religious orders which, for far too long, obfuscated, hid and covered up abuse, moved abusers around and facilitated the perpetration and ongoing perpetration of abuse. We have seen victims retraumatised by flawed redress procedures and dragged through lengthy legal proceedings. We have seen successive governments bearing the cost of redress. I brought this Bill forward some years ago in a previous Government. In 2024, the Tánaiste said he would refer this Bill, or its predecessor, to the Attorney General. Nothing has been done on it, however. More recently, when I asked the Minister for justice, Deputy O'Callaghan, about bringing forward a Bill like this to try to ensure that religious orders could be made to pay redress and unincorporated associations could not hide behind legal status to avoid paying redress that was owed, he indicated he would wait for recommendations from the Law Reform Commission. I just want us to be able to move forward. I know many in the Government share the desire to ensure that religious orders can be made to pay more and we have a legal mechanism to ensure payment of due redress to survivors. Survivors of abuse deserve justice.

Is the Bill opposed?

No.

Go raibh maith agat.

Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

I move: "That the Bill be taken in Private Members' time."