Táimid ag dul ar aghaidh anois go dtí an chéad píosa gnó eile, is é sin an 45 nóiméad atá againn i gcomhair tairiscint maidir le ceadú beartaithe ag Dáil Éireann i ndáil leis an dréacht-ordú um choimisiún imscrúdúcháin (an fhreagairt do ghearáin nó líomhaintí a rinneadh i gcoinne Bill Kenneally maidir le drochúsáid ghnéasach leanaí, agus nithe gaolmhara), 2018. I call on the Minister for Justice and Equality to move the motion and he has five minutes.
Commission of Investigation: Motion
I move:
That Dáil Éireann approves the following Order in draft:
Commission of Investigation (Response to complaints or allegations of child sexual abuse made against Bill Kenneally and related matters) Order 2018,
copies of which Order in draft were laid before Dáil Éireann on 6th June, 2018.
I thank members of the Business Committee for agreeing to have this important issue debated in the House. As Members are aware, I wrote to the Ceann Comhairle to ask respectfully that all Members exercise a particular level of restraint in the debate. It is important to remember that criminal proceedings are in train in respect of issues that are potentially related to an element of the work of the proposed commission, so nothing should be said here that might in any way jeopardise the rights of those who have come forward and made complaints more recently to have their cases fully prosecuted. Similarly, nothing should be said here this evening that would jeopardise the right of anybody to a fair trial. It is imperative, therefore, that we protect and respect these fundamental constitutional rights. Members are aware that this matter was debated in the Seanad two weeks ago.
On 23 November 2016, the then Tánaiste met the survivors of sexual abuse committed by Bill Kenneally. These men, who are fathers, husbands, brothers and sons, had courageously come forward with their evidence of the horrific abuse inflicted on them during their childhood.
Their evidence led to a conviction against Bill Kenneally and a sentence of 14 years imprisonment. In their meeting, the victims of Bill Kenneally’s abuse outlined their concerns about how allegations or complaints about their abuser were dealt with at the time that the abuse was taking place. Following the meeting, the then Tánaiste sought the advice of the Attorney General, who advised that while it would be very difficult to establish a commission of investigation, given a number of legal and procedural difficulties, it would not be impossible.
The Government was conscious of the very serious allegations that had been made and the concerns of the complainants and accordingly in May 2017 the Government committed to setting up a commission of investigation into the response to allegations of abuse committed by Mr. Bill Kenneally. Since I became Minister for Justice and Equality later that year I, along with my officials, have worked with the Attorney General’s office to draft an appropriate set of terms of reference that, as far as possible, would not affect adversely any pending or ongoing criminal proceedings or further investigations. It should be noted that relatively recently a further 99 criminal charges have been brought against Bill Kenneally in respect of other complainants. An Garda Síochána is also investigating further allegations by new complainants. A commission of investigation is necessary but it cannot supplant or undermine the criminal justice processes under way.
The terms of reference are drafted primarily from information provided by survivors of abuse committed by Bill Kenneally. A particular mention should go to Mr. Jason Clancy, who provided very detailed information on the response by the State to the allegations in the 1980s which forms the basis for the commission of investigation. In April this year I met the survivors and their legal representative and offered them an opportunity to comment on the draft terms. They made a number of suggestions, which I considered, and a version encompassing a number of the proposed changes was then sent to the Attorney General for further advice. The final version of the terms of reference was subsequently sent to the survivors via their solicitor who informed my Department that they approved of the terms of reference as now drafted.
Turning to the substance of the terms of reference, the sole member will first be asked to investigate the extent of the knowledge within An Garda Síochána during a particular period, 1985 to 1992, of the allegations against Mr. Kenneally. If information emerges indicating that gardaí were informed of the allegations against Mr. Kenneally, either before or after those particular years, then the commission is empowered to investigate that information further. Members will note that the terms contain references to An Garda Síochána, the South Eastern Health Board, Basketball Ireland, the Waterford Catholic diocese and unnamed "political figures". The allegations made by Mr. Clancy and others are primarily against An Garda Síochána but it may be necessary for the commission to investigate the acts or omissions of those other organisations if it can be shown that An Garda Síochána passed information to them relating to offences allegedly being committed by Mr. Kenneally. I am not ruling that out. I inform Members that once the documents were laid before both Houses, my Department made contact with the named organisations, providing them with copies of the terms of reference and informing them that the commission would be in contact with them in due course.
I am happy to appoint retired Circuit Court judge, Mr. Barry Hickson, as the sole member of the commission of investigation. A well-respected and experienced jurist, I am sure he will carry out the work of the commission in a professional and expedient manner. Colleagues should also note that the commission may be required to pause its work if requested by the Director of Public Prosecutions where a concern exists that the matter being discussed at the commission might interfere with any aspect of an ongoing criminal prosecution against Mr. Kenneally. The DPP will be monitoring proceedings closely and has agreed to contact my Department should any difficulties arise.
I acknowledge the importance of this debate and we are somewhat constricted with the time. I will pause my comments and offer further information to the House regarding detailed arrangements for the commission of investigation following statements from other Members.
I wish to share time with Deputy Mary Butler.
Is that agreed? Agreed.
Fianna Fáil will support the motion put before the House by the Minister. We believe it appropriate that there should be a commission of investigation into the matters outlined in the terms of reference laid before the House. Since I became justice spokesperson for Fianna Fáil over two years ago, many groups have come to ask for the support of Fianna Fáil in seeking commissions of investigations or tribunals of inquiry. It is difficult at times but in most instances I have said it is inappropriate to have a commission of investigation or tribunal of inquiry. Sometimes they would not be of benefit or there would be no practicality to the proposal put before me. However, last year I had the opportunity along with my leader, Deputy Micheál Martin, to meet a group of victims of Bill Kenneally. They were accompanied by a very well-intentioned and informed adviser. I listened to what they had to say and read about the matters they outlined. I considered what they said was in the public interest and about having matters investigated. Along with Deputy Martin and the rest of my party, we came to the conclusion that this is one of the issues that would merit a commission of investigation. After the meeting that Deputy Martin and I had with the victims of Mr. Kenneally, I wrote to the Minister's predecessor and the Taoiseach to suggest that there should be a commission of investigation into this matter.
I commend the Minister on his agreeing to put the motion before the House. I am conscious that there are pending criminal charges against Mr. Kenneally. It is also important to note, however, that the function of this commission of investigation will be very different from the function of the criminal process. The major allegation made by the men who are victims of Bill Kenneally is that authorities did not respond appropriately to numerous warnings made to them about the abuse being committed by Mr. Kenneally. That is not a matter that will be determined or resolved in a criminal trial, and the criminal trial process will only determine the guilt or innocence of Mr. Kenneally in respect of numerous offences. It is for that reason it is very appropriate that we should have an inquisitorial process running parallel to a criminal trial process. In this case they are not incompatible.
I say to the victims of Mr. Kenneally that a commission of investigation is sometimes a crude vehicle. All it can do is establish facts, make recommendations and highlight deficiencies in the past. I have great confidence in retired judge Mr. Barry Hickson that he will do that. I commend the Minister on his choice and I hope this is a successful and prompt commission of investigation.
I make it absolutely and emphatically clear that I and my party have fully supported requests by the victims of Bill Kenneally for an independent inquiry and I fully support this motion before the Dáil. I thank the Minister for bringing it to the House. What the victims have gone through is absolutely horrific. I welcome those of them who are in the Gallery this evening. It is totally and utterly unacceptable that the victims were exposed for so long to such appalling emotional, sexual and physical abuse. The bravery and courage of the victims in waiving their anonymity and their perseverance in striving for justice, fairness and truth cannot be underestimated. The toll it has taken on these men, on their parents, families, wives and partners and children is incomprehensible. As a mother, I cannot even imagine the effect of the absolute horror these men endured.
The time has now come for answers. The fact that Bill Kenneally was allowed to abuse children for such a protracted period is an indictment on the State and answers are needed as to how this was allowed to happen. Who knew what and when? The draft terms of reference will investigate all aspects of the case with reference to the Garda, the South Eastern Health Board, Basketball Ireland, clergy and public figures. This is absolutely needed and full transparency and co-operation is essential. These men want to move on with their lives; they want and deserve answers. These men need closure and I hope this commission of inquiry will bring that about. These men have waited far too long.
I begin by stating that Sinn Féin will support the motion and I thank the Minister for bringing it forward. I know there was some discussion on how it would interact with the process in the courts but it is right and proper that this proceeds. The real credit lies with the victims who have campaigned for the establishment of this commission of investigation. I acknowledge those who are present, including Mr. Colin Power and Mr. Barry Murphy. Mr. Jason Clancy first made the complaint and there was also Mr. Kevin Keating, among others. I and others have met these men and I hope we have been of some assistance.
The greatest credit lies with them because it is clearly very difficult to come forward and tell the story of the depravity of the actions of Mr. Kenneally and the failures relating to them. As the Minister outlined, we are obviously somewhat constrained in what we can say. However, what we can say is that it is a fact that Bill Kenneally is convicted of sexual assaults. We can say that serious questions arise for a number of organisations in the context of their failures. The terms of reference refer to An Garda Síochána, the South-Eastern Health Board, Basketball Ireland, the Catholic Diocese of Waterford and Lismore and unnamed political figures. This was allowed to continue for far too long.
It is an indictment on the State that so many people were failed over such a protracted period. In the Upper House, Senator Diarmuid Wilson quoted Mr. Justice George Birmingham, who said that in his experience he was not aware of a case involving such a number of victims, where the abuse was so severe, coupled with the breach of trust, the use of alcohol, the payment of money and the use of photos as a form of coercion. The abuse involved was absolutely horrific - the courts have addressed this and will continue, I hope, to address this - and it was accompanied by deep-seated failures on the part of numerous voluntary organisations and agencies of the State. That is, in and of itself, an appalling act. I hope the commission will address it.
I wish Judge Barry Hickson well. I hope this process will allow truth and accountability to result. I thank the Minister for bringing forward the motion but the greatest credit is due to those who campaigned for this day. I hope they are pleased and welcome it. I hope that it will result in the justice and truth they so desire.
I commend the bravery and courage of Jason Clancy, Colin Power, Kevin Keating and Barry Murphy. Like previous speakers, I welcome Mr. Power and Mr. Murphy, who are in the Gallery. I commend the people who have supported all these victims in recent years in their quest for justice and truth. It is important for us to note that there are dozens of victims who have not come forward. They also deserve our support at this time.
Unfortunately, the acts of depravity mentioned earlier, and of which we are aware, were perpetrated against so many young men in Waterford city and its environs. It is a scandal that needs to be properly investigated. We have criminal trials. In this case, we had a criminal trial in which Mr. Kenneally was found guilty of very serious abuse and sexual assault. The central allegation made by some of the victims that needs to be explored and interrogated by the commission is that State agencies did not properly investigate the claims made. It is alleged that they did not properly investigate or do their job in respect of allegations made. That is serious and it raises questions about An Garda Síochána, the Catholic Church, the old South-Eastern Health Board, public figures, Basketball Ireland and, potentially, other organisations as well.
I have no wish to say any more than that because no one wants to prejudice any future criminal proceedings that may arise. However, I am keen to ensure that all those victims get full support, get the truth and that any organisation found wanting by not supporting the victims or failing in its duties should be examined by the commission. It should examine these matters without fear or favour. I commend the Minister on establishing the commission of investigation. He will have the support of my party in ensuring this process is fair and that the victims get the support they need.
I wish to begin by thanking the Minister for Justice and Equality, Deputy Flanagan, for bringing this motion before the House. I call on the Minister to thank his immediate predecessor, the former Tánaiste, Deputy Fitzgerald, who agreed to do this.
As others have said, there are numerous demands for particular forms of inquiry, including commissions of inquiry and tribunals. It is difficult to say "No" but I believe the compelling case made by the victims in this case had to be responded to. I attended the meeting in November 2016. I asked the then Tánaiste to meet the victims and hear what they had to say. I spoke to the Tánaiste's advisor immediately afterwards. She said it was the most emotionally draining meeting she had ever attended. As Deputies can imagine, officials from the Department of Justice and Equality hear many emotionally draining stories. The bravery and persistence of the victims of Bill Kenneally need to be recognised in this House. It takes a great deal for a person to continue to keep telling his hurtful and painful story. When we meet the victims together, it is like they have gone through something that is unique and that forms a bond between them. They are seekers of the truth and they want to know how was allowed to happen.
I have read about and debated many of the cases of sexual assault and abuse involving various institutions in recent years. However, I can honestly say that the details of the abuse perpetrated – I am referring to the convictions achieved and not any allegations made – by Bill Kenneally were among the most shocking and abominable that I have had recounted to me. What is of concern to the victims now - the reason they have clamoured so earnestly, persistently and strongly for this particular inquiry - is the degree of licence that was afforded to their abuser. That is what enabled him to continue abusing children over a protracted period. Who else was involved? Who else knew? What cries for help were recorded and then ignored or not acted upon? These matters are rightfully now before Judge Barry Hickson. It is a milestone to have reached this point.
We have shone light into many dark crevices of Irish life over the past two decades. This investigation will be most worthwhile because it will explore why this was allowed to happen and why, on the face of it, many cries of help were not responded to and many opportunities to reach out to either the health authorities, the police and so on were missed. We need to know why and how that happened and how so many victims were brutalised in this awful way.
Extraordinary work was done by all the victims but I wish to mention Jason Clancy in particular for providing such an important grounding document. It was most helpful in the beginning. It set out the case so well and set out the matters that needed to be looked at in such compelling form. It has brought us to today.
I am delighted that we can now embark upon this process. I know this has not been an easy process to navigate and investigate in parallel with criminal proceedings and investigations. I commend the Minister on his persistence. It could have been an easier option to simply say that we can do nothing until all these matters are fully investigated - and that could take years. As we know, witnesses are no longer available. Some have died in the intervening period between the first meeting with the former Tánaiste and today. That is why it is important to get going on this important work. I thank the Minister for his personal commitment to achieving it.
I welcome the motion to establish a commission of investigation into the handling of complaints against the convicted Waterford child sex abuser Bill Kenneally. Most important, I wish to commend the courageous individual men who stood up and pushed for an inquiry from the beginning. That was after having been denied justice initially when they revealed Bill Kenneally's crimes to trusting adults at the time but were ignored. These heroes have forced the Government to commit to uncovering yet another dark truth from Ireland's shady past. I hope this process leads to the State acknowledging those who were responsible for the silence and cover-up which enabled these atrocious crimes to be carried out on young boys over a period spanning 30 years.
I am also happy that Jason Clancy, Colin Power, Barry Murphy, Kevin Keating, Paul Walsh and Gerry Mullane, the men who stood up for justice for all victims of Bill Kenneally, have welcomed the terms of reference announced by the Minister. I am delighted they had a direct input into the process of setting out the terms of reference and made some necessary amendments which I understand were accepted by the Government. This establishes a necessary template for how victims of abuse can have direct involvement in their pursuit of justice. I am also glad that the commission is empowered to investigate information indicating that gardaí were informed of the allegations against Mr. Kenneally either before or after the specific years as contained in the terms of reference. Nobody should be immune from justice.
The terms of reference are also wide-ranging, leaving no stone unturned. They include An Garda Síochána, the South Eastern Health Board, Basketball Ireland, the Waterford Catholic diocese and unnamed political figures. While the allegations made by the abuse survivors were primarily against the gardaí, the commission will have powers to investigate acts or omissions of the other organisations if it was shown gardaí passed information to them regarding any offences allegedly committed by Kenneally.
As we undertake another commission of inquiry, we need to ask ourselves why Ireland has had such a blighted history, particularly when it comes to the well-being of children. The answer is aptly reflected in the following quote: "Power tends to corrupt and absolute power to corrupt absolutely”. These were words used by a 19th century historian to describe the overwhelming power of the church and its close relationship to the State at that time. Now, almost 200 years later, it still adequately identifies that element in Irish history which uniquely enabled abuse to be carried out on such a grand scale and for so long.
Systemic abuse does not happen in isolation. It requires the secrecy of a larger group of people, mainly those who have the power and networks available to them to maintain that secrecy. Thereby the criminal act continues to be carried out. The fact that Kenneally was allowed to abuse children for such a protracted period is an indictment on the State and its cosy relationship with key organisations in the past. This put children and vulnerable people in danger while entire populations were marginalised by the culture of silence and fear.
It takes a larger system of support for a man like this to do what he did. It will take an entire country to account for that and change this for the future. Taking into consideration all the inquiries into clerical child abuse, for example, a remarkable feature has been the low conviction rate of alleged perpetrators in the courts. In September 2015, the National Board for Safeguarding Children, the Catholic Church watchdog in Ireland, published a report into 325 allegations made against 141 members of six religious congregations. The report found that only eight led to convictions.
Irish men and women who were sexually abused in schools when they were children are still fighting for redress, despite the European Court of Human Rights finding the State liable for abuse suffered by Cork woman Louise O'Keeffe in 2014. This is unacceptable and indicates Ireland’s inability to come to terms with its past or accept the level of responsibility needed to ensure all victims have access to justice and to ensure that these horrific acts are never carried out again under the nose of the State.
However, a report published only this month by HIQA confirms those days are not entirely over. Shortcomings in Tusla were uncovered in an investigation by the authority revealing children in danger of sexual abuse are being left at risk by serious weaknesses in social services. How can we still be at a stage in our history where children are put at risk by the State? As we enter the realm of more than a dozen commissions of investigations and inquiries, I hope that this one will not be unnecessarily delayed and that it will remain a transparent process for all victims of abuse involved. I hope the process will also offer some reflection on the part of the State in how it can best protect children now and into the future.
I welcome the establishment of the commission of investigation into the allegations of collusion between the HSE, formerly the South Eastern Health Board, Basketball Ireland, An Garda Síochána and a senior cleric in the Waterford and Lismore diocese.
For the victims of Bill Kenneally, this traumatic saga has been dragging on for almost three decades. I thank the Minister for being so forthright since he came to office and for establishing this inquiry. I note his comments cautioning Members against saying anything that might interfere with the pursuit of justice for the victims, and I respect that.
The victims’ search for justice and accountability is not yet complete. It is an absolute disgrace that when power is challenged in this State, events seem to move at a tortuously slow pace. This is something that we have seen in many areas. Every institution in this State seems utterly incapable of responding with speed and compassion to instances of horrendous human rights violations. It is often those institutions charged with the care of the most vulnerable that are slowest to respond. I hope this commission will efficiently move us toward a place where all relevant facts are made known.
I wish Judge Barry Hickson well. The investigation will be harrowing given the scale of the abuse under review. Mr. Kenneally was convicted in 2016 on ten sample counts of abuse of young boys during the 1980s and was sentenced to 14 years imprisonment. A further 99 criminal charges have been brought against him respect of two other complainants. The terms of reference for this commission were a matter of some concern for the Attorney General and the Director of Public Prosecution who feared how it might impact future or ongoing legal proceedings. I have no desire to say or do anything that might jeopardise those cases. My only interest here is to say to the victims of Bill Kenneally that I and my colleagues in the Rural Independent Group will stand with them and do all we can to ensure that justice is victorious.
Child abuse is one of the most horrific crimes. To betray children’s trust in such a brutalising manner ought to incur the severest of penalties, both for the perpetrator and those guilty of shielding him, if that is what happened. To seek to prioritise the protection of reputations, either of individuals or institutions, ahead of protecting children is an abomination and a disgrace and it is to be utterly condemned regardless of when and where it occurs.
I thank Members for their contributions. I agree with Deputy Howlin who adverted to our being here in this House once again debating another element of our dark history, having failed to properly respond to child sexual abuse. It has been prevalent throughout society down the decades but has been kept secret and hidden through fear, inactivity and the abuse of power. The commission will look at what the gardaí knew, when they knew it, what they did and whom they told. If necessary, the commission will investigate the responses or actions of a number of identified bodies and persons that have been mentioned.
I am struck by Deputy Cullinane's comments when he spoke of people coming forward now. He mentioned numbers of others who may come forward. I welcome this but it is not the purpose of the commission to investigate the substance of any allegations or complaints. They should be made to An Garda Síochána in the first instance. Anyone who has any information or who wishes to make a complaint which has not been made should do so to An Garda Síochána and not to the commission.
My view, and it has been shared by Deputy O'Callaghan and others, is that it is necessary to establish a commission to investigate and report on the matters of public concern, as set out in the statement of reasons. The commission will be located in accommodation sourced by the Office of Public Works, namely Tom Johnson House in Beggars Bush, Dublin 4. This is where persons will be invited to appear and give evidence before the sole member. A process is under way to identify suitable counsel and legal staff to assist the work of the sole member in the administration of the commission. Based on experience gained from previous commissions of investigation, its cost is estimated to be between €1.3 million and €1.5 million.
This figure is sanctioned by the Department of Public Expenditure and Reform. I know that Judge Hickson, those appointed to the commission and my own officials will monitor the budgets closely to ensure that any costs incurred are reasonable and appropriate in all circumstances.
Again I pay tribute to the brave men who, in late 2016, came to the then Tánaiste with their harrowing stories. These men had suffered for almost 30 years but bravely chose to break their silence. They now want the truth about whether action could and should have been taken earlier. It is my sincere hope that the commission can get to the truth of all the issues raised by the victims, which are reflected in the terms of reference before us. It would not be right, or indeed fair, to the organisations or persons who will be subject to the commission's inquiries to prejudge any matter that may come before the sole member, however it is fundamentally important that these allegations of inaction, secrecy and collusion are properly investigated and that, if they are found to be true, those involved are fully exposed. There can be no more hiding of such insidious crimes in our country. I hope the work of the commission and the improvements which I am committed to implementing in respect of the rights of victims in sexual abuse cases can act as a beacon to those living in fear and to those afraid to speak out against their abusers, whether that abuser is a family member, a family friend or a complete stranger. To all of those persons I say that we are here to listen and to assist and help.
The Cabinet has approved and noted the documents before the House today. I ask that Members respect the opinions of the survivors of abuse committed by Bill Kenneally. They have approved these terms of reference as the most expedient and transparent way of getting to the truth of what was known and by whom about the offending, offensive and unacceptable behaviour of Mr. Bill Kenneally in the mid to late 1980s. In conclusion, I ask the House to approve the order to establish the commission of investigation. I thank Members for their support.
Question put and agreed to.