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Dáil Éireann debate -
Wednesday, 1 Dec 1999

Vol. 512 No. 1

Written Answers. - Child Abuse.

Alan Shatter

Question:

68 Mr. Shatter asked the Minister for Education and Science if the terms of reference under which the commission on childhood abuse oper ates includes a provision which enables it to investigate the state of knowledge within local authorities, health boards and Government Departments of the extent of child abuse in residential institutions and schools and to consider the approach taken to the knowledge at the time and the discoveries since. [22196/99]

Róisín Shortall

Question:

86 Ms Shortall asked the Minister for Education and Science if he has received the second report of the commission on childhood abuse; if so, the legislation, if any, required by the report; if the commission's final terms of reference have been agreed; if he will make arrangements to publish these and place them in the Oireachtas Library; when the commission will be proceeding to the next phase; the proposed timescale for its work; and if he will make a statement on the matter. [25160/99]

I propose taking Questions Nos. 68 and 86 together.

In setting up the commission to inquire into child abuse the Government set out broad terms of reference which included the following: To establish as complete a picture as possible of the causes, nature and extent of physical and sexual abuse of children in institutions and in other places during the period from 1940, or such earlier date as the commission considers appropriate, to the present, including the antecedents, circumstances, factors and context of such abuse, the perspectives of the victims and the motives and perspectives of the persons responsible for committing abuse.

The commission was asked, as a first step towards carrying out their inquiries, to consider their terms of reference and recommend any changes to them they considered necessary. On foot of this the commission recommended in an initial report to the Government on 7 September 1999 that the commission should conduct its investigative role by making findings of fact in relation to general allegations that abuse was prevalent in a particular institution at a particular time with consequential findings ascribing responsibility to, among others, the statutory or other bodies charged with the duty of regulating the institutions. The Government agreed in principle to this approach on 15 September.

It is clear therefore that the commission will be in a position to conduct very wide ranging inquiries which would include inquiries into the state of knowledge of local authorities, health boards and Government Departments of the extent of child abuse in institutions and schools and the action taken by such authorities in discharge of their responsibilities.

The commission made its final report on its terms of reference and powers on 14 October 1999 after which the Government approved the drafting of a Bill placing the commission on a statutory basis and conferring on it sufficient powers and protections to enable it to conduct its inquiries as effectively as possible. This Bill will be published within the next few weeks and I propose at that time to publish the reports of the commission. It is also my intention that the Bill will be debated in this House and Seanad Eireann as soon as possible after it is published so that the commission can proceed with its hearings and inquiries as early as possible next year. In the meantime the commission continues to carry out some background work which does not require statutory powers.
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