Vol. 563 No. 2
176 Ms McManus asked the Minister for Justice, Equality and Law Reform when he intends to bring forward legislation to provide for a new statutory mechanism for investigations into matters of significant and urgent importance, which he first announced on 6 December 2002; when a decision will be made on the form of inquiry to be held into allegations of serious sexual abuse within the Dublin Archdiocese; and if he will make a statement on the matter. [7338/03]
I obtained Government approval on 18 February for the drafting of the legislation to provide for a new statutory mechanism for investigations, to be known as commissions of investigations. I hope to have the legislation published as a matter of priority with a view to its enactment in the next session.
The proposed legislation will be of general application but is informed, in the first instance, by the public concern over the handling by the Dublin Catholic archdiocese of allegations of clerical sexual abuse and by the meetings and useful discussions which I have had with victims' organisations, representatives of the Catholic hierarchy, the Conference of Religious in Ireland and other affected parties. While I believe that the new procedure could provide a means of examining, for example, the systems in place within the Catholic church for the handling of allegations and complaints, I think it would be premature to make a decision on the establishment of any commission of investigation prior to the enactment of the proposed legislation.
I would, nevertheless, like to make clear that a commission of investigation, should one be established, will not replace or interfere with the processes of the criminal law for the investigation and prosecution of offences.
177 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform his proposals to establish committees of inquiry to investigate matters of significant and urgent importance; and when the necessary legislation will be published. [7463/03]
I obtained Government approval on the 18 February for the drafting of the legislation to provide for a new statutory mechanism for investigations, to be known as commissions of investigation. I hope to have the legislation published as a matter of priority with a view to its enactment in the next session.
The legislation will provide a general statutory framework for the operation of commissions of investigation. The legislation, which will be of general application, will aim, inter alia, to provide a more cost effective and timely means of investigation into matters of significant public concern. It is envisaged that commissions will be established as required and that several commissions could be in operation at the same time, investigating a variety of matters. In other words, there will not be a single or permanent investigations body.
Commissions will be concerned with the taking and collection of evidence with a view to establishing the factual position in relation to the matter being investigated. The legislation will provide that, in so far as possible, commissions of investigation will encourage and facilitate the voluntary co-operation of witnesses and other parties. It is proposed that much of the evidence will be taken in private in a non-adversarial environment. Provision will be included for the publication of reports and, where appropriate, for interim reports. Despite the emphasis on voluntary co-operation, it will be proposed that commissions of investigation should be given a wide range of powers to compel attendance, to enter and search premises, to seize documents, to order the handing over of documents and to adjudicate on issues relating to confidentiality and privilege of documents. There will be provisions on perjury and obstruction. I expect that these operating methods and other provisions that will be included in the legislation will have a significant impact in reducing costs and will ensure commissions will be able to complete their work in a timely manner.
The legislation will provide that, where appropriate, a commission of investigation may be followed by a tribunal of inquiry under the Tribunals of Inquiry (Evidence) Acts 1921-2002. In such circumstances, it is proposed that the evidence presented to the commission will be made available to the tribunal, thereby assisting the tribunal in expediting its inquiry.
