Dáil Éireann díospóireacht -
Tuesday, 16 Dec 2003

Vol. 577 No. 3

Written Answers. - Inquiry into Child Abuse.

Kathleen Lynch

Ceist:

105 Ms Lynch asked the Minister for Education and Science if the Government has considered the implications of the judgment of the High Court of 17 October 2003 in a case taken by the Christian Brothers challenging two procedural rulings made by the Laffoy commission; his views on whether the commission under its new chair, Mr. Sean Ryan, is clear to resume its work; if the review to be undertaken by Mr. Ryan has been concluded; and if he will make a statement on the matter. [30917/03]

Minister for Education and Science (Mr. N. Dempsey):

Mr. Justice H. Abbott handed down his 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 the Government's review of the work of the investigation committee should take account of the final outcome of this 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. I have also now received the report of Judge Seán Ryan, arising from his review of the working of the commission. Judge Ryan's report will also inform the drafting of any amending legislation.

Ms Justice Laffoy has completed her interim report and resigned on 12 December 2003. She has informed me that her report will be available before 30 January 2004. Judge Sean Ryan was appointed chairperson of the commission on that date in order to ensure the continuation of the work of the commission.