Some 18 religious orders were ready to sign a deal offering them an indemnity against child abuse compensation claims for weeks before the end of the last Government, one of their negotiators has declared.
The declaration by Sister Helena O'Donoghue of the Sisters of Mercy follows Labour's allegations that the Cabinet failed to inspect the deal properly because it dealt with it on June 5th, its last day in office. The final terms of the deal, which offered indemnity in return for a €128 million contribution from the 18 orders in cash and property, had been ready for weeks before June 5th "bar the dotting of it, and the crossing of t's", she said.
"It went through two Cabinet meetings. It was a time of political change because there had been an election, but that had nothing to do with the congregations," she told The Irish Times.
Asked about the congregations' contribution, she said: "We believe genuinely that it is fair, that it is just, that it is moral. From our side of things, everything was done properly."
Despite a wave of criticism from the Opposition, the deal will not be renegotiated: "The agreement is solid. The agreement is a commitment on both sides and it is legally binding on both sides."
The current focus on the indemnity's terms was "surprising". "It does sound like there is a different agenda than the issue at hand. It looks like party politics," she said.
In the Dáil yesterday, the Taoiseach, Mr Ahern rejected charges from the Labour Party Leader, Mr Rabbitte that the Government has left the taxpayers open to a €1 billion compensation bill.
"The Government made a decision that we should find a way to fast-track these cases and not put each individual through decades of trauma in the courts, as CORI and the religious orders wanted.
"The Government stood up for these people, as no government had bothered for 40 years. The Government is proud of its action," he declared, to loud heckling from the Opposition.
Questioned about the Taoiseach's view that the orders had wanted to put victims through "trauma", Sister O'Donoghue said the orders had no more desire than any other party for years of court battles.
The congregations could not "assume the guilt of any of our members", though they were happy to agree to the Redress Board because it will operate on a no-fault basis.
The Redress Board will decide the size of the final compensation bill, though it could offer compensation to all those sent to industrial and reformatory schools, regardless of whether they were sexually abused, or not.
"If they do, that is not the fault of the congregations. That is not abuse. That is not the fault of the people who gave the care," Sister O'Donoghue said.
Despite Labour's focus on the role played by the congregations' firm of solicitors, Arthur Cox & Co., Sister O'Donoghue said the firm "were not involved" until after the deal was signed in January 2002.
The conditions on the Government's side governing the indemnity were strengthened in the talks that took place between January and the final agreement in June, she said.
"If you look at the Government's statement of January 30th, there were no limitations in the indemnity. But in the end there were limitations to it," she added.
The Irish Survivors of Child Abuse (SOCA) group, which represents some of those abused in religious-run institutions, called on the Government to have the indemnity deal examined immediately. SOCA's spokesman, Mr John Kelly said: "They should have it looked at legally. And they should tear it up, set up their own compensation body and then sue the congregations."
