Dáil Éireann Debate, Tuesday - 18 May 2004
39 Mr. Eamon Ryan asked the Minister for Education and Science if the proposals from Mr. Justice Ryan to end the impasse involving the work of the Commission to Inquire into Child Abuse have been analysed by his Department; if consultation has taken place with the relevant victim groups. [14377/04]
View answer55 Mr. Noonan asked the Minister for Education and Science the timescale for the preparation and publication of legislation that may be required following the report by Mr. Justice Ryan on the Commission to Inquire into Child Abuse; when such legislation will be prepared; and if he will make a statement on the matter. [14268/04]
View answer113 Mr. Sherlock asked the Minister for Education and Science when he expects to introduce amending legislation to the Commission to Inquire into the Child Abuse Act 2000; and if he will make a statement on the matter. [14358/04]
View answerI propose to take Questions Nos. 39, 55 and 113 together.
Following the appointment of Mr. Justice Sean Ryan as chairperson designate of the Commission to Inquire into Child Abuse, the Government requested that he carry out his own independent review of the Commission to Inquire into Child Abuse. This report, together with a review of the operations of the commission carried out by the Attorney General, were published on 15 January 2004.
The Government has accepted the recommendations in Mr. Justice Ryan's report for legislative amendments to the Commission to Inquire into Child Abuse Act 2000. My Department is in ongoing contact with the Office of the Parliamentary Counsel in connection with this matter and work on the drafting of legislation amending the Act is at an advanced stage.
Amendments envisaged in Justice Ryan's report that will be made to the legislation include: (1) the removal of the obligation on the committee to hear each allegation of abuse made to it; (2) a provision to allow for joint hearings to take place; (3) provision for single member division of a committee; (4) removal of the provision whereby the report of the investigative committee may not contain findings in relation to particular instances of allegations of abuse; and (5) the right of complainant to withdraw a complaint subject to the consent of the committee.
Since the publication of Mr. Justice Ryan's report the commission has held meetings with all interested parties, including the Department of Education and Science and representative groups, to facilitate them in expressing their views in relation to the content of both reports and to enable them to make suggestions in relation to the future operation of the investigation committee of the commission.
As part of that ongoing consultation process, on 7 May 2004 the commission hosted an open meeting at which it presented a position paper entitled "Identifying Institutions and Persons under the Commission to Inquire into Child Abuse Act 2000" and a document entitled "Background to Events Surrounding the Reconstitution of the Investigation Committee". This and other related documents are available from the commission's website at www.childabusecommission.ie. The main question posed in the document is whether the investigation committee should name individual abusers.
The commission announced that a formal hearing of the investigation committee is being scheduled for 24 May 2004 to receive submissions on the matter. Representative groups will also be given an opportunity to express their views and to discuss the matter subsequent to this hearing.
The commission then intends to give this matter further consideration and to issue its final decision by mid-June. It will also inform Government at that stage whether it recommends further legislative amendments.
While work on the amending legislation is at an advanced stage it is not possible to publish the amending legislation in advance of the investigation committee decision on the naming of individual abusers or the Christian Brothers appeal to the Supreme Court. The court hearing is scheduled for 29 and 30 June 2004. Therefore, the earliest the court will deliver its decision will be in July 2004. Consequently, it is not envisaged that amending legislation can be published before September 2004. I would add that the chairperson of the commission has indicated that the investigation committee intends to resume hearings in advance of amending legislation being enacted. In this regard the commission has published a schedule of hearings in relation to a number of individual institutions and has indicated that it expects to commence hearings in respect of the first institution in July of this year.
