The Christian Brothers has transferred just 16 school playing fields to its schools' trust, ERST since a 2009 redress deal in which it promised to transfer all of them, according to figures given to RTÉ by the Department of Education.
The Department of Education figures mean that just a third of the original promise of 49 school playing fields have been transferred, with two-thirds still owned by the Congregation of Christian Brothers.
ERST and its 96 schools have use of those not transferred under a short-term licence only.
Asked to clarify how many playing fields had been transferred under a promise made as part of the second redress deal for compensation of victims of institutional child abuse, the Department spokesperson told RTÉ Investigates that although the transfers between the Christian Brothers and ERST do not directly involve it, "however, the Department understands that, to date, 16 of the properties concerned have been transferred to ERST".
ERST is trustee of 96 primary and post-primary schools, and is the largest single education provider in the state, having been established by the Christian Brothers in 2008.
The Christian Brothers’ registered charity lists "formal mainstream in support of schools and provision of playing fields" as its chief activity.
In 2009, as part of the second redress deal, a voluntary agreement in which religious orders were asked to make a contribution towards compensating victims of institutional child abuse, the Christian Brothers said it would transfer all its school playing fields to a separate trust, jointly held by the Government and ERST.
The deal covered "49 school playing fields and associated lands".
At the time, it said that "a professional indicative opinion of value of the playing fields in July 2009 was set at €127 million."
An RTÉ Investigates programme Christian Brothers: The Assets, The Abusers, broadcast last night, 1 May, revealed that sixteen years on, according to ERST’s own last filed accounts, the Christian Brothers had only transferred €25.2m worth of playing fields to ERST, less than a fifth of the July 2009 was set at €127 million."
In staggered negotiations under successive governments over the intervening years, the Christian Brothers withdrew its pledge to transfer the fields in 2015.
Then, in 2017, it made a fresh pledge to transfer, under an arrangement whereby the Christian Brothers would transfer the playing fields to ERST but the Department would share 50:50 in the proceeds of the sale of any playing fields ERST might sell in the future. The transfers only began in 2020.
In a statement in advance of the RTÉ Investigates programme, the Christian Brothers said, "The transfer of playing fields independently valued at €127m prior to the global financial crash is almost 50% complete with ERST".
Asked how many playing fields had not been transferred to it, ERST told RTÉ Investigates: "The playing fields that the Congregation pledged to transfer to ERST are being transferred in order of priority. Any time playing fields are required for school development steps to transfer them to ERST are immediately taken."
In its statement, the Christian Brothers said that the 39,000 students who make up pupil populations in ERST’s 96 schools, have "the full and continuing benefit of use of all these playing fields whilst conveyancing completes."