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Tribunals of Inquiry.

Dáil Éireann Debate, Thursday - 19 February 2004

Thursday, 19 February 2004

Ceisteanna (35, 36)

Damien English

Ceist:

33 Mr. English asked the Minister for Education and Science the legislation that may be required following the report by Judge Ryan into the Commission to Inquire into Child Abuse; when such legislation will be prepared; and if he will make a statement on the matter. [5194/04]

Amharc ar fhreagra

Joan Burton

Ceist:

89 Ms Burton asked the Minister for Education and Science his views on the recommendations contained in the report of Judge Seán Ryan into the workings of the Commission to Inquire into Child Abuse; if it is intended to implement the recommendations; if it is intended to provide the additional resources necessary to allow the Commission to discharge its mandate and resume full hearings without further delay; and if he will make a statement on the matter. [5232/04]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 33 and 89 together.

Following the resignation of Ms Justice Mary Laffoy as chairperson of the Commission to Inquire into Child Abuse, the Government, on 26 September 2003, appointed Judge Seán Ryan as chairperson designate of the Commission to Inquire into Child Abuse.

At that time, and in advance of his being appointed to the chairmanship of the commission, the Government requested Judge Ryan to immediately undertake his own independent review of the working of the commission. His report was published on 15 January 2004 together with the review completed by the Office of the Attorney General. Judge Ryan has concluded that a combination of legislative amendments to the original Act and alternative procedures being adopted by the investigation committee would result in the commission being in a position to conclude its work within a reasonable timescale and without incurring exorbitant costs.

The Government has accepted Judge Ryan's report and is arranging for the legislative changes recommended by him to be included in the amending legislation. Any requests for additional resources that the commission may make will be treated as a priority and dealt with effectively and in a timely manner.

Two issues in particular need to be taken account of prior to publishing amending legislation. The ongoing litigation involving the Christian Brothers is an issue that needs to be concluded before legislation can be finalised. Judge Ryan in his report states that notice must be taken of the Christian Brothers case and the potential effect of the ultimate judgment in the case on the proceedings of the investigation committee. Judge Ryan states: "It is impractical to suggest that there could be amending legislation processed and enacted until the Murray/Gibson (Christian Brothers) litigation is determined".

I understand that the final version of Judge Abbott's judgment in this matter was issued on 27 January 2004 and that the 21 day period during which parties to that case can decide whether or not to appeal to the Supreme Court has now expired. My Department has been informed by the Chief State Solicitor's office that, while the written notification had not yet been received, the solicitors for the Christian Brothers have informed the CSSO that they are going to appeal. My Department will follow this issue up with the CSSO with a view to ensuring, in so far as is possible, that the Supreme Court would hear such an appeal as quickly as possible.

Judge Ryan intends to undertake a consultation process with all parties to the commission. It is possible that Judge Ryan will recommend further legislative changes arising from this consultation process and if so any such recommendations for legislative change would have to be considered in finalising the draft Bill.

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