A RELIGIOUS order whose brothers abused children in primary schools says a state agency is blocking its compensation payments to victims.

After successful civil actions, up to 20 people sexually abused by Franciscan brothers of the Third Order of St Francis are awaiting six-figure payouts, which have been delayed because of a ruling by the Commissioners of Charitable Donations and Bequests in Ireland (CCDB).

The Franciscans, whose property is held in a trust, asked the commissioners to grant permission to sell their assets after the High Court awarded the settlements. But the CCDB has told the Franciscans that selling land to compensate victims is against the ordinary purposes of the order.

The CCDB says it can only permit a sale or disposition of land if it is satisfied that the sale will be “advantageous” to the charity. So although it gave the order permission to sell, it says a trust that normally finances Franciscan institutions, missionaries and care of elderly brothers cannot be used to pay abuse victims.

The decision by the CCDB has angered victims, who are trying to block the sale of Franciscan lands in Offaly and Galway, where much of the abuse occurred, because the issue has not been resolved. The brothers have lined up buyers but sales have not gone through.

“It is just adding insult to injury,” said Aiden O’Brien from Clara, who was abused by John Hannon at the Franciscan national school in the town. Hannon, a former teacher who was released from prison last year, reputedly told young children “to go asleep” or “dul a chodladh”, a signal to the other pupils to put their heads down on their desks while he committed a sexual assault on a classmate.

In 1973, four sets of parents in Galway, where Hannon taught, made a complaint to the state and church authorities, but despite efforts by a school inspector to have him removed, Hannon was sent to Clara, where he continued to abuse boys in his care.

O’Brien, who successfully sued the Franciscans and the state, said: “I first gave my statements to gardai over 11 years ago. It took a decade just to get our cases to court and that was a difficult enough process. I dropped my guard, financially, and took out a large loan in expectation of my settlement, and with every week that now passes I am dependent on handouts from my family and friends.”

The CCDB ruling could have implications for other civil cases being taken by former pupils of day schools. Religious orders and the State Claims Agency are engaged in a row over liability for abuse in state-run schools perpetrated by teachers who were members of religious orders.

The new tough approach by the agency — it has successfully sued the Franciscans for a share of the payouts in some cases — appears to be in response to criticisms over the controversial indemnity deal in June 2002. This limited the liability of religious orders for abuse in residential institutions and orphanages. Schools were not part of the deal.

The Franciscans say that their hands are tied by the CCDB ruling and have apologised for the delay in paying compensation to victims, some them awarded €250,000.

“We don’t have many resources, but we are anxious to compensate the victims. The only resource we have is our land,” said Brother Peter Roddy, the Francisan Brothers’ minister general.

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