Norma Foley begins talks with Attorney General on forcing religious orders to pay redress schemes

Ms Foley said her officials have now liaised with the Office of the Attorney General “and will be engaging on the identification and legal analysis of potential mechanisms which may be available to the State”.

The minister said the issue of forced financial contributions was “complex work” and would take some time to complete. The broader impacts and implications of any “potential mechanisms” identified would also have to be considered.

The move raises at least the possibility of the sequestration of assets or the seizing or freezing of bank accounts.

Today's news in 90 Seconds - Monday June 23

A recent RTÉ Investigates programme revealed how the Christian Brothers in Ireland had been rerouting their financial and asset holdings offshore – with the work carried out, in some cases, by persons against whom serious allegations have been made.

The news comes days after the first excavation work was begun at the Tuam mother and baby home site, where it is claimed up to 796 babies’ remains were buried.

In April, Taoiseach Micheál Martin said the Government would consider options it can take against religious orders that are “within the law”.

He was answering the Social Democrats party, which said the orders had been operating as “criminal networks”.

Only one religious order made a serious offer of restitution to government negotiator Sheila Nunan, who was asked to extract a cash commitment after the State paid compensation to victims in the first instance. Another made a tiny offer.

Why are these orders not being raided by the gardaí?

“When is the State finally going to flex some legal muscle when it comes to these religious orders?” Social Democrats stand-in leader Cian O’Callaghan asked in the Dáil.

“Why are these orders not being raided by the gardaí? Why are their assets not being seized?”

He said it was unbelievable that the approach of successive governments to these orders, “which operated as criminal networks”, was to “roll over”.

Religious orders made millions on the backs of “enslaving” women and children and were now “walking away without paying a penny”, he said.

This was because “the Government is allowing them to run rings around you”.

After receipt and publication of the report from Ms Nunan, Ms Foley made contact with each of the relevant religious organisations.

Of eight organisations mentioned in the report, only two made offers of a voluntary contribution

“Of eight organisations mentioned in the report, only two made offers of a voluntary contribution to the Mother and Baby Homes Payment Scheme,” she said.

“My officials have initiated contact with representatives of those organisations to ensure that this matter moves forward without delay.

“With regard to the offer of a voluntary financial contribution, I can confirm that my officials have been in contact with representatives of this organisation and that this matter is progressing.

“Similarly, with regard to the offer from an organisation to transfer legal ownership of a property to the State, officials have commenced contact with relevant parties.

“With regard to those organisations who have not chosen to make a contribution to the payment scheme, I can confirm that I have written to them to express my disappointment at their approach and to express my belief that more could and should be done by them in terms of offering contributions.

“The purpose of my contact was also to invite each of them to reflect on the content of the Nunan Report and take that opportunity to make a meaningful contribution.

“My departmental officials have been, and remain, at all times available to engage with these organisations in the event that they are willing to take up this invitation and make a meaningful contribution.”

In the meantime, the minister has consulted the Attorney General to examine ways in which the cash can be obtained without their consent, she indicated.

Mr Martin in April said current law meant that “we simply can’t just go in and raid people”. There had to be legality for whatever Government does, he added.

Former children’s minister Roderic O’Gorman first wrote to the orders early in the last government “saying they may wish to consider making a financial contribution to redress costs”.

In May 2023, the government appointed former trade union official Ms Nunan to negotiate with the orders. She was told to come back with their best and final offers within six months.

Nearly two years later, Ms Nunan filed her final report stating just one order had made a serious offer of cash to pay redress.

These are religious orders that own assets worth hundreds of millions

Mr O’Callaghan said: “We know these orders would much prefer to pay their armies of lawyers than the women and children that they tortured and abused. These are religious orders that own assets worth hundreds of millions.”