Dáil Éireann Debate, Wednesday - 15 April 2015
27. Deputy Clare Daly asked the Minister for Children and Youth Affairs if material gathered by the mother and baby homes commission of investigation can be made available to An Garda Síochána for use in criminal prosecutions; and if he will make a statement on the matter. [14404/15]
Amharc ar fhreagraThe Commissions of Investigation Act 2004 provides an effective, prompt and transparent mechanism to investigate complex and sensitive matters of significant public concern while also respecting fair procedures and natural justice. The 2004 Act gives the independent Commission of Investigation into Mother and Baby Homes robust powers to conduct investigations within its terms of reference in the manner it considers appropriate while adhering to the rules and procedures contained within the Act.
As I have previously indicated, the Commission of Investigation cannot itself initiate criminal prosecutions and, under Section 19 of the 2004 Act, oral or documentary evidence given to a Commission of Investigation is not admissible in any subsequent criminal proceedings. However, if the Commissions Reports reveal issues of concern which are potentially criminal in nature these will of course be referred to the appropriate investigative and prosecution authorities for further consideration.
The Gardaí are the appropriate authority to conduct criminal investigations, following which prosecutions against persons for alleged offences committed in this jurisdiction may be pursued through the criminal courts by the Director of Public Prosecutions. I encourage any person with complaints relating to matters of a potentially criminal nature to report these concerns directly to the Gardaí. There is no requirement to await this Commission's consideration of such matters.
