One of the lessons the commission learned when they investigated the Irish Christian Brothers is that all roads lead to Rome AND all files on child sexual abuse are transported to Rome. Here is a section of the report and what the archivist found while reviewing the Roman archives of the Irish Christian Brothers:
Consistent with the American experience of Civil and Criminal Court litigation is the finding that the leadership of the Church is lethargic in producing or even making known the location of their files and knowledge of childhood sexual abuse. (emphasis mine)
6.168 The Rome Files make it impossible to contend that the issue of abuse and, in particular, sexual abuse of boys was not an urgent and continuing concern to the Congregation. In circumstances where the issue of abuse in institutions had been the object of so much media attention from 1995 onwards, it is surprising that these files were only discovered to the Committee in 2004.
Rome Files and documentary evidence
6.159In the Emergence hearings in July 2004, Br Gibson described how files, which came to be known as ‘The Rome Files’, came to the attention of the Leadership Team in Ireland.
6.160In 2003, the Leadership Team took the decision to employ an archivist to look at all the documents in the possession of the Congregation. This archivist was asked to go to Rome to look at the files there that related to the Irish Communities for any references to abuse. He explained that, in the early 1960s, a decision was taken to move the Congregation’s headquarters from Dublin to Rome. The management team brought with them the relevant archives for their own work, and left in Ireland the files and records that dealt with the Christian Brothers in Ireland.
6.161Br Gibson explained:
However, when our archivist went to Rome, she came across their minute books of their Council decisions, the General Council decisions. In those, she came across details of allegations of abuse in the institutions in Ireland that did not exist in our files … Yes, all of these dealt with incidents of child abuse in our institutions between, say, 1930 and when they closed.
6.162Br Gibson outlined the number of allegations recorded in respect of residential schools:
… we came across details of incidents of abuse in our institutions in Ireland. We came across eleven incidents of child abuse in Artane, ten in our day schools, three in Letterfrack, two in Tralee, two in the OBI,20 and two in Glin. Now, what we came across was that there had been information given to the Leadership Team at the time when they occurred. These allegations had been investigated. The investigation included getting the boys to write out what had happened to them and the boys had done that in some cases – well, in one case at the moment we have one incident of that. Then they had at the end of what they called a trial, they had a decision made, and the decision was either to give a Canonical Warning to the person, they were dismissed from the Congregation or they were rejected for the application for vows that year. Now, we wouldn’t have the details of all the allegations, but a lot of material has emerged there which we didn’t know about …
It shows that there were individual cases of abuse. It wasn’t, in a sense, systematic or widespread, but over 30 years in Artane there were eleven cases that had been discovered at the time they had occurred.
6.163Br Gibson went on to state that, in 1990, the Leadership Team in Ireland was not aware of the existence of these files at all. He asserted that it was only when he saw these files that he understood the comments that he saw in the Constitutions and Acts of the Congregation emphasizing that a Brother should never be alone with a child. He said:
That makes sense in the light of this discovery of complaints where children were abused in the institutions.
6.164He confirmed that there was no mention of the children in these records:
The focus was on the culpability of the person who did it and I am not sure how much was done for the children who suffered.
6.165The Rome Files were made available to the Committee after the Emergence hearings had been completed. They contained details of applications for dispensations or disciplinary hearings in respect of more than 130 Brothers. At least 40 of these cases referred specifically to improper conduct with boys. In the majority of cases, the actual crime being investigated was not detailed, and phrases such as ‘evidenced unsuitable moral character’ or ‘grave misconduct’ or ‘caused scandal’ were used when recommending a dispensation.
6.166The Rome Files were by no means exhaustive. Brothers who left the Congregation before any allegations came to the attention of the authorities would not appear in the Rome Files.
6.167In addition, the Brothers who left following allegations of abuse did not appear in these files. For example, Mr. Brander21 a former Christian Brother, did not feature although he received a Canonical Warning for sexually abusing boys in 1953 and was ultimately dispensed from his vows in the late 1950s.
6.168The Rome Files make it impossible to contend that the issue of abuse and, in particular, sexual abuse of boys was not an urgent and continuing concern to the Congregation. In circumstances where the issue of abuse in institutions had been the object of so much media attention from 1995 onwards, it is surprising that these files were only discovered to the Committee in 2004.
6.169The scale of the problem as revealed in these documents was very serious. When other features of abuse are taken into account, there is reason to believe that the amount of such abuse was substantially greater than is disclosed in these records. First, there was the recidivistic nature of child abuse; secondly, children were frightened and reluctant to speak about it; and thirdly, many adults experienced difficulty in dealing with it.
6.170In light of the investigations that had taken place in other jurisdictions and the evidence contained in their own archives, together with the complaints received, the Leadership Team in this country could be in no doubt that sexual abuse of children in their care had occurred at an unacceptably high level in their institutions.
6.171In the circumstances, although it was legitimate to protest about exaggerated allegations and false claims, which were undoubtedly made in some instances, it was also the case that an attitude of skepticism and distrust of all complaints was unwarranted and unjustified.