Before proceeding, I ask Members to refrain from comment in the debate today that would adversely affect the ongoing criminal proceedings or any further criminal investigations or prosecutions in this matter. Members are free to comment on the terms of reference.
Commission of Investigation: Motion
I move:
That Seanad 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 have been laid in draft form before Seanad Éireann on 6th June, 2018.
I am pleased to be here to discuss this important matter. I thank members of the Business Committee for agreeing to give time to this issue in the House today, namely, the order for the establishment of a commission of investigation into the response to allegations or complaints of child sexual abuse by Bill Kenneally and related matters. As Members will be aware, I have written to the Cathaoirleach of the Seanad to respectfully ask that all Members exercise a particular level of restraint in the debate this afternoon. It is important to remember that there are criminal proceedings currently in train in respect of issues which are potentially related to an element of the commission's work. Nothing should be said here today that might, in any way, jeopardise the rights of those who have come forward and made complaints more recently to have their cases fully investigated and prosecuted. Similarly, nothing should be said here today that would jeopardise the right of anybody to a fair trial. It is imperative that we protect and respect these fundamental constitutional rights. I acknowledge the presence in the Public Gallery of some complainants. I thank them for their engagement in the setting up of the commission.
Before Members today is the order to establish the commission, with the terms of reference scheduled. Members will also have seen the statement of reasons for the establishment of the commission. It is important before going into any depth on the order and the terms of reference, that I give a brief outline of how we have reached this important point. In November 2016, the then Tánaiste, Deputy Fitzgerald, met with the survivors of sexual abuse committed by Bill Kenneally. These men, 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. Following the meeting, the then Tánaiste commenced discussions with officials and sought the advice of the Attorney General. The Attorney General advised that, while it would be difficult to establish a commission of investigation, given a number of legal and procedural difficulties, it would not be impossible. However, extreme care would have to be taken in order that its work would not impact in any way on subsequent criminal proceedings.
In May 2017, the Government committed to setting up a commission of investigation into the response to allegations of abuse committed by Bill Kenneally. Since I became Minister for Justice and Equality later that year, I, along with my officials, have worked with the Office of the Attorney General to draft an appropriate set of terms of reference that, as far as possible, would not adversely affect 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. The terms of reference which are scheduled to the order are drafted primarily from information provided to the then Tánaiste by survivors of abuse committed by Bill Kenneally. A particular mention should go to Mr. Jason Clancy, who provided very detailed information about the response by the State to the allegations in the 1980s against Mr. Bill Kenneally, which forms the basis for the commission of investigation.
In April of this year, once the draft terms of reference had been prepared in consultation with the Office of the Attorney General, I met the complainants, the survivors, and their legal representatives and offered them an opportunity to comment on the draft terms of reference. They made a number of important suggestions which I considered, along with my officials, and a version encompassing a number of the proposed changes was then sent to the Attorney General for further advices. Once approved by the Attorney General, the final version of the terms of reference was sent to the survivors via their solicitor who informed my Department that they approved of the terms of reference as now drafted. I acknowledge the importance of this engagement and thank all who were party to it.
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 time period, 1985 to 1992, of the allegations against Mr. Kenneally. If information emerges indicating that the Garda was 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. While the allegations made by Mr. Clancy and others are primarily against An Garda Síochána, 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 about any offences allegedly being committed by Mr. Bill Kenneally. I want to 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 that Judge Hickson will carry out the work of the commission in a professional, expedient manner. I wish to inform the House that both the Attorney General and Judge Hickson have estimated that it will take the commission up to a year to report, given the potential number of witnesses to be called and the various allegations that have been made. 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 in any way interfere with any aspect of an ongoing criminal prosecution against Mr. Kenneally. The Director of Public Prosecutions will be monitoring proceedings and has agreed to contact my Department should any difficulties arise. I appreciate that we are somewhat tight for time so I would like to pause my comments here and will offer further information to the House regarding detailed arrangements for the commission, following statements from Members of the House this afternoon.
I will start by welcoming the victims of Bill Kenneally to the Public Gallery, Jason Clancy and Colin Power. These men have shown nothing but bravery, determination and endurance in what has been an uphill battle for justice. This has been a harrowing journey for these men and it is absolutely not over yet but I hope this commission brings them some solace. I know it can never give them back what was taken from them. I acknowledge that the Minister, Deputy Flanagan, has been committed to establishing a commission of investigation and that this has always been the case. In November 2016, my party leader, Deputy Micheál Martin, and our justice spokesperson, Deputy O'Callaghan, met victims and heard at first hand the serious concerns they had regarding the handling of their complaints over many years. Following this meeting, Fianna Fáil wrote to the former Taoiseach, Deputy Enda Kenny, to advocate for a full commission of inquiry to be undertaken to examine the background to this awful situation and determine the facts in full. We also called for such an inquiry to be undertaken without delay.
While I understand the inquiry could only commence on the completion of outstanding investigations and prosecutions, it was disappointing for the victims that the inquiry was announced way before it was possible to commence it, and the delays genuinely caused huge stresses for the victims.
The depravity of Mr. Kenneally’s actions moved Mr. Justice George Birmingham, a judge for more than ten years, to comment that, in his experience, he was not aware of a case involving the number of victims where the abuse was so severe as it was here, 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 fact that Kenneally was allowed to abuse children for such a protracted period of time is an indictment on the State and answers are needed as to how this was allowed to happen.
Having looked at the terms of reference of the commission, which I believe to be substantial, I hope that, finally, the victims of Bill Kenneally may get some answers to the questions they have been asking for so long.
I welcome the Minister. I thank him and his departmental staff for their work on this issue over the past few years. I would also like to extend a welcome to some of the representatives of the victims of Bill Kenneally who are in the Visitors Gallery today, Mr. Jason Clancy and Mr. Colin Power. Both have worked tirelessly over many years to see justice delivered in this case. Their tireless and brave work is a testament to their strength in the face of horrible crimes. I hope we can today show them the respect due and a similar commitment to achieving justice for the people affected by these crimes.
In my meetings with Mr. Clancy and Mr. Power, I have heard of the work the Minister has done to deliver the terms of reference for this commission of investigation and the good faith with which he has engaged with victims representative groups, which has to be acknowledged. I would also like to endorse the general thrust of the terms of reference of the commission itself. They are broad enough to ensure that the proper areas are being investigated but not so broad that concrete findings will not be made. Any person from Waterford knows there are questions to be answered, questions about how the State and other institutions reacted to and investigated, or failed to investigate, the allegations made against Bill Kenneally. The almost traditional cult of silence and shame seemed once again to add insult to the injury of those hurt by these crimes and that the State is now making the moves to correct those injustices is something we all welcome.
I want to emphasise that transparency must be at the heart of the investigation that is to take place. For decades, silence and cover-ups defined this case, and we must ensure it is uncovered and that the process remains victim-focused throughout. All steps should be taken by the incoming inquiry chairperson to ensure that victims are kept informed and involved in every step of the process. The people hurt in this case are organised, engaged and well informed, so there can be no excuse to sideline them from the process. Sessions must be in public where possible.
As important as transparency is expediency. The Kenneally cases date back to the 1980s, in fact, possibly earlier. Justice delayed is justice denied, and this justice has been very long in coming. We know that the total list of victims will almost certainly never be known. Mr. Power and Mr. Clancy have shown incredible strength in their activism on this issue, but during that work they have talked to dozens of other victims who have not been able, or willing, to do what they have done. These people are legion and now is the time for their justice to be delivered. The commission should work hard and finish fast. It should aim to complete its work in the shortest possible timeframe that would not compromise the effectiveness of its work.
I would like to wrap up with my impressions of the impact of this case on the people of Waterford. We are a big county in a way but a very small county in another way. A case such as this one, with such evil actions causing such deep hurt to so many, has had ramifications throughout the whole county. It has affected many people and it has really hurt. The victims of Bill Kenneally were hurt, were abused and were damaged, but they have demonstrated strength and fortitude in the face of uninterested or complicit institutions that failed them so badly. Today is the first step in making amends.
I welcome the Minister to the House. This is a very sad debate. It is another very dark and sad legacy from our past that has been brought out into the open and into the light through the bravery and courage of those who have suffered. I, too, want to welcome Jason and Colin to the Visitors Gallery. Without their perseverance, strength and courage, this sad legacy of Irish society, which happened in Waterford, would not have been brought into the light. I want them and their fellow victims to know we stand with them in solidarity to find the justice and truth they so rightly deserve.
They have been victims of Kenneally, who is now a convicted sexual abuser. He perpetrated lifelong damage on so many children, whose childhoods were stolen by his evil actions. Today, we start the process of discovering who knew what at that time. This order to establish a commission of investigation into allegations of sexual abuse by Bill Kenneally and related matters is not before time and it is important we bring it forward as quickly as possible. It is a very significant day for the victims and survivors of Kenneally's abuse and their fight for transparency and justice. As I said, I want to acknowledge the bravery of the victims in taking such a public stance to achieve justice. As a result, Kenneally has been brought before the courts, convicted and sentenced to 14 years in prison.
The problem, sadly, is that it does not stop there. This issue runs far deeper and there is State involvement that we need to get to the bottom of. The reason this commission of investigation is required is that it is alleged that An Garda Síochána was made aware of the abuses perpetrated by Kenneally at the time. The victims and the public need to know what gardaí knew about the abuse, what actions they took, who they told at the time, and, most significantly, what actions they did not take to protect those being abused. It is alleged that gardaí were given comprehensive information but no actions were taken, with the result that the abuse continued. That is the real horror story here and we need to get to the bottom of it.
I mentioned State institutions. It is no secret that Kenneally was a political activist for Fianna Fáil at the time and was closely related to a former Deputy who was influential in Waterford at the time of the abuse. Therefore, we also need to know what that party knew at the time and what it did to protect those being abused. We need to know what State institutions, such as An Garda Síochána and the South Eastern Health Board, and senior clergy in the Catholic diocese of Waterford, knew at that time and why they did not act. On the public record of Seanad Éireann, I call for full co-operation with this investigation by all parties who were informed, who knew a little or who knew a lot of the abuse that occurred at that time, and that includes gardaí, health board officials, clergy and political figures. We need full co-operation with this investigation if we are to get to the truth.
I want to commend the Minister, Deputy Flanagan, for listening to the victims and for supporting them through the establishment of this commission of investigation. I, too, want to acknowledge the role of the former Minister, Deputy Frances Fitzgerald, in assisting the survivors. I want to acknowledge the role of the Attorney General, Mr. Séamus Woulfe, in what has been a difficult commission to frame, given the 99 criminal charges that are at present being brought against Kenneally.
The Minister found a way forward and engaged with the victims. That is what politics and being a responsible Minister and politician is about. I commend the Minister on that.
I also acknowledge the public support given to the victims. When they were finding the going difficult and probably almost giving up, the public rowed in behind them because they knew they were on the side of what was right. It will be vital that the investigation is transparent and that the commission engages in a real and comprehensive way with the victims of abuse. Their testimonies must be heard and taken into account.
I wish Judge Barry Hickson well in his endeavours to find the truth. He has been given a very responsible role to get to the bottom of what went on. I am confident he will do his work in a diligent and professional manner. I look forward to the day very soon when these brave survivors finally get to the truth of what happened and have justice and we know exactly what went on and who covered up at the time. There is no more room for cover-ups in our society. It is time for truth and justice for the Kenneally victims.
Gabhaim buíochas leis an Aire. Tréaslaím leis an méid atá ráite ag an Seanadóir Coffey. Is léir go bhfuil sé ag labhairt le a lán paisin faoin ábhar seo agus aontaím leis an méid a dúirt sé ó thaobh an fhírinne a bhaint amach ar son na n-íobartach.
I welcome the move today in respect of the order to establish this commission of investigation. The strength, courage and dignity of the victims in this case speak more than we ever could. I commend the action taken by the Minister in regard to this commission and the support not only for the victims but for obtaining the truth and putting that before the world.
I welcome the motion being taken in the House. I also welcome our visitors in the Public Gallery. I thank the Minister and I am certain that, under his stewardship and leadership, the commission will have a positive outcome for all the victims involved in this case.
I understand colleagues from across the House and many other individuals, not least the victims, have met the Minister and have been of some assistance. The victory, if there is to be one, will lie with the Minister and the action he has initiated in both Houses to support the victims of Bill Kenneally. I have not been a Member of this House for very long but I have been here long enough to know these processes generally take longer than predicted. Despite the commitments, this process could continue for longer than a year although I am confident the Minister will do everything he can to ensure that will not be the case.
The Government is of the view, and it is a view I share, that the actions or omissions of An Garda Síochána, the Health Service Executive, Basketball Ireland and a litany of other agencies, which were listed by Senator Coffey, in dealing with this case are open to question and scrutiny and these matters should all considered as we move forward. I do not want to delve into any of the details of the case and I am mindful of the counsel given to us by the Leas-Chathaoirleach at the start of the debate. However, it is appropriate on the day that is in it to reiterate my congratulations and solidarity with those who have fought tooth and nail to have this commission of investigation established. Our words in this Chamber cannot do justice to their bravery and the stand they have taken to ensure we have reached this point. I can only hope as we move forward that we can bring some light, truth and research to this issue and speak the truth about what was a very negative, horrible dark power and influence in this State in days gone by.
As there are no more Senators indicating, I call the Minister to conclude the debate.
I acknowledge the contributions of Senators Wilson, Grace O'Sullivan, Coffey and Ó Donnghaile. This is an important issue and, as Senator O'Sullivan said, it is an emotive one. I very much agree with Senator Coffey that it is unfortunate, to say the least, that we are in this House again debating another element of this country's dark history of failing to properly respond to child sexual abuse. Down through the decades, child sexual abuse has been prevalent throughout society. It was kept secret and hidden through fear, inaction and, in many respects, abuse of power.
As I said earlier, the commission is being established to investigate the way complaints or allegations made to the Garda about Bill Kenneally were handled. It will look at what gardaí knew, when they knew it, what they did and whom they told. If necessary, the commission will also investigate the responses or actions of a number of identified bodies or persons - the former South Eastern Health Board, those in Basketball Ireland, the monsignor of the Waterford diocese, and any political figures who may have been told either formally or informally of the activities of Bill Kenneally.
The Commissions of Investigation Act 2004 sets out a number of procedural steps for the setting up of a commission. Section 3(1) of that Act provides that following a proposal made by a Minister and with the approval of the Minister for Public Expenditure and Reform, "the Government may, by order, establish a commission to ... investigate any matter considered by the Government to be of significant public concern ...".
The Government is of the view, and I believe the vast majority of Members of this House will agree, that it is necessary to set up 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 at Tom Johnston House in Beggar's Bush, Dublin 4. This is where persons will be invited to appear before the commission and give evidence before the sole member.
There is a process under way to identify suitable senior counsel, junior counsel and a solicitor to assist the work of the sole member and the administration of the commission. Other administrative provisions have been put in place to allow the commission to begin its work as expeditiously as possible once the order to establish the commission is approved by both Houses of the Oireachtas and the terms of reference are formally set by Government.
While there is a methodology in place to set fees for senior counsel, junior counsel, solicitors and the sole member, it is difficult to estimate with any real accuracy the amount of third party costs that may be incurred, including legal representation for witnesses before the commission. Based on experience gained from previous commissions of investigation, the cost of this commission is estimated to be approximately €1.3 million. This figure is sanctioned by the Department of Public Expenditure and Reform and I know that Judge Hickson, those appointed to the commission and my own officials will monitor this budget very closely to ensure that any costs incurred are reasonable and appropriate in each and every circumstance.
I pay tribute to the brave men who, in late 2016, came to the then Tánaiste and Minister for Justice and Equality with their harrowing stories. These men have suffered for almost 30 years but bravely chose to break their silence. Now they want the truth, but there is the matter of whether action could or should have been taken earlier. I welcome Mr. Clancy and Mr. Power to the Gallery. It is my sincere hope this commission will get to the truth of all of the issues raised by them and their colleagues and reflected in the terms of reference.
It would not be right or fair to the organisations or persons who would be subject of the commission's inquiries to prejudge any matter that might come before the sole member. However, it is fundamentally important that these allegations of inaction, secrecy and collusion are properly investigated and, if found to be true, that they be fully exposed. In modern Ireland there can be no more hiding of such insidious crimes.
I hope the work of this commission and the improvements 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 those who remain afraid to speak out against their abuser, be that a family member, family friend or complete stranger. I say to all those persons that we are here to listen, we are here to help and we are here to act accordingly.
The Cabinet has approved and noted the documents which have been laid before the House today. I ask that Members respect the opinions of survivors of abuse committed by Mr. Kenneally. They have approved the terms of reference as the most expedient, transparent way to get to the truth of what was known and by whom about Mr. Kenneally's offending behaviour in the mid to late 1980s.
I thank the officials seated behind me for their work and diligence in prioritising this issue which has been complex and difficult.
I acknowledge what Senators have said in that regard. I ask the House to approve the order to establish the commission of investigation into these issues.
Question put and agreed to.
Sitting suspended at 1.50 p.m. and resumed at 1.55 p.m.