Seán Crowe (Dublin South West, Sinn Fein)

Many people hold the view that politicians do not live in the real world and are oblivious to what is happening. It is important that Deputies state during this debate that none of us is a stranger to this matter. We all know of individuals who attended schools or some of the institutions where abuse took place. We are familiar with the cases of adults who are still trying to deal with the problems associated with that abuse. It is important that we refer to our experience in the context of this debate.

I join other Members in saying that full credit is due to Ms Justice Laffoy for her role in the work of the commission and in bringing to light the negligence of the Department of Education and Science. It is a little ironic that less than a week after a judge in Britain whitewashed the Blair Government in one of the more bizarre legal decisions of recent times, a judge in Ireland is prepared to stand up for the survivors of child abuse in this State. She is willing to expose the Government's repeated and serious failures. I believe that Ms Justice Laffoy is a credit to the Judiciary. She has done the State and its people a great service. It is regrettable, however, that Ms Justice Laffoy and her staff on the commission are unique in that respect. Many other participants in this tragedy have done everything they can to prolong and drag out the process.

Ms Justice Laffoy's report is a terrible indictment of the Department of Education and Science and the religious institutions. It is barely a figure of speech to say that they have been allowed to get away with murder. According to the report, the commission has been denuded of ability to fulfil its statutory obligations. The Department has failed to provide the support the commission needs. It has been found to have repeatedly failed to comply with the commission's requests for discovery. Rather than being an ally in finding the truth, the Department has been an obstacle. Files have had to be torn from the hands of civil servants. The report seems to suggest that there has been outright opposition where there should have been co-operation. Irrelevant documents were sent to the commission but relevant documents were not provided or brought to light only after a bitter struggle.

The Government wasted €650,000 on its preparations for what was deemed to be an inadequate response last June to the commission's order for discovery. I find it interesting that the documents requested from the commission relate to the deal agreed between the former Minister, Deputy Woods, and the religious orders. Ms Justice Laffoy seems to suggest that Deputy Woods claimed liability for the State despite the lack of evidence to support his claim.

Having read the reactions of the survivors' lobby to the most recent report, it seems to me that they are unanimous on one issue; they all believe that the position of the Department of Education and Science is no longer tenable. Opposition Members have repeatedly pointed to the conflict of interest between the Department and the commission. It must be clear by now that the Department cannot continue to provide funding while fighting the commission every step of the way. The role and conduct of the Department during the investigation has been a disgrace.

In his statement, the Minister for Education and Science claimed that the rainbow coalition failed because it did not establish a commission. Sinn Féin was not part of that coalition nor were the Green Party, Independents and certain other Members of the House. The fact that the rainbow coalition failed to establish a commission does not exonerate the Minister who has let himself down by using these cheap shots. His use of such a tactic shows a lack of maturity on his behalf and undermines this debate.

The role of the religious orders in this affair is no less shameful than that of the Department, with a few exceptions. After the orders agreed what can only be described as a sweetheart deal with the former Minister, Deputy Woods, they fought the commission every step of the way. They contested every fact and disputed what Ms Justice Laffoy referred to as indisputable historical facts.

I note that Ms Justice Laffoy exempts certain religious institutions from criticism. This makes for an interesting comparison with the religious orders which would dispute that the sky is blue and the grass is green if they could get away with it. If some religious orders are prepared to co-operate, I do not see why the rest of them cannot do so, especially as the Government has made them exempt from paying any more than €128 million. There seems to be a form of agreement between the religious orders and the Department of Education and Science. It is as difficult as possible for the commission to arrive at the truth of this matter.

It is time for the Department of Education and Science to be removed from this process. If it retained some shards of credibility when Ms Justice Laffoy resigned, it has lost them. While the Department remains involved, the commission will proceed without the confidence of the victims, the body politic or the people.

It is time for the religious orders to embrace the religion they claim to stand for. I do not see much evidence of the Christian notions of charity and mercy in their actions. The phrase "suffer the little children" is sometimes used, but the little children have grown up and have suffered enough.

The delays in the redress process make it more difficult for victims of abuse. The purpose of the commission was to examine the status and complicity of the State in the abuse. The collapse of the Laffoy commission has undermined the Taoiseach's ground-breaking statement. Ms Justice Laffoy's statement that the work of the commission was stymied rather than enabled is an indictment of the Department and the Government.

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