Patsy McGarry, Religious Affairs Correspondent 14/06/2006

There was "very significant deference" in the Department of Education towards religious congregations, the Commission to Inquire into Child Abuse was told yesterday. The department's secretary general, Brigid McManus, was responding to Marian Shanley, a member of the investigative committee, who had asked whether there was any sense in which "the department protected religious orders?" Ms McManus said files indicated the deference was "striking" on occasion and that "clearly there was deference to religious' sensibility" at the time of debate over the introduction of comprehensive schools and in the 1930s when vocational schools were being introduced. Policy, services and funding at the department were "very heavily determined by the church and religious orders", she said.

She agreed with Noel McMahon, counsel for the investigative committee, that it was "surprising" they could find only seven files in departmental records relating to instances of sexual abuse in the institutions, "given what was known about court convictions". She suggested such incidents were not being reported to the department or that, if they were, they were not recorded. She was aware, for instance, of incidents of excessive physical punishment which had been reported but not recorded. She agreed a report of alleged sexual abuse of a boy at Ferryhouse, Co Waterford had been reported to the department in 1979 and to Justice Eileen Kennedy of the Children's Court. A principal officer at the department reported it to the secretary at the time and expressed the view no record would be kept. "To date no record of the report has been found," continued Mr McMahon. "Why?" he asked.

Ms McManus did not know, but added it "was not acceptable". She also agreed it was not reported to the Gardaí. It was not investigated for a further 15 years, said Mr McMahon who added the principal officer concerned only confirmed the report when asked in 1996. "Is he still in the department?" Ms McManus did not know. She agreed another official at the department was aware of the allegation in 1979 but "didn't pursue it". She did not know whether the relevant departmental secretary was alive or not. She also agreed with Mr McMahon that following departmental investigations of allegations of sexual abuse of young girls by a lay worker at St Joseph's Kilkenny in 1954 it was decided not to report the matter to the Gardaí following an appeal by the local parish priest.

Responding to questions from Mark Connaughton, counsel for former residents of the institutions in earlier proceedings, Ms McManus agreed the religious congregations always maintained significant autonomy in running the institutions. "There was a clear expectation they would report serious incidents to us, but they didn't," she said. She agreed with him it had not filtered through to the department that of a complement of 113 Brothers who served at Artane, 13 had sexually abused children, there or elsewhere.