The Commission of Investigation (Mother and Baby Homes and certain related Matters) was established by Government Order on the 17th February 2015 (S.I. No 57 of 2015) pursuant to Sections 3 and 7(2)(a) of the Commissions of Investigations Act 2004. The 2004 Act gives the Commission robust powers to conduct investigations within its terms of reference in the manner it considers appropriate while also respecting fair procedures and natural justice.
I am satisfied that the Commission has sufficient scope to examine a broad range of concerns, and to make a determination on their relevance to the central issues in question, and where appropriate to make any recommendations to me which the Commission deems necessary.
In particular, Article 6 of the Terms of Reference requires the Commission to report to the Minister on whether it considers specific matters not included in the existing scope may warrant further investigation as part of the Commission’s work in the public interest. "
However, it is essential to recognise that in accordance with Section 9 of the Commissions of Investigation Act 2004, the Commission is independent in the performance of its functions and in deciding how best to approach its program of investigations. I have no role in decisions relating to the ongoing investigation and it would be inappropriate for me to comment on correspondence between the Commission and any individual.