Mr. Justice H. Abbott handed down judgment in the application by the Christian Brothers to the High Court on 17 October 2003. The High Court found that the Commission to Inquire into Child Abuse Act 2000 is not unconstitutional and that the investigation committee of the commission could operate in the manner outlined in the Act.
The judgment is as yet unapproved and therefore the 21 day period during which an appeal to the Supreme Court must be made has not yet commenced. This period will only commence when the perfected judgment is issued. I have always taken the view that, in the context of the review of the work of the investigation committee, it would be prudent to await the final outcome of this case. I still believe that this is the case. Should the case be appealed to the Supreme Court, the Government has already stated that it will take all steps necessary to expedite the process.
In regard to the review being undertaken by Mr. Seán Ryan SC, I am aware that Mr. Ryan is progressing this matter and I would expect that he will complete his task soon. If it is the case that Mr. Ryan's report indicates a need to give additional powers to the Commission to Inquire into Child Abuse, this will be considered by Government and, if appropriate, will be included in the amending legislation that I will bring forward. Mr. Ryan is chairperson designate to the Commission to Inquire into Child Abuse and is not yet the chairperson. Ms. Justice Laffoy continues in that role and will do so until her resignation takes effect upon publication of an interim report of the commission, which is expected shortly.
