Finian McGrath (Dublin North Central, Independent)

I welcome the opportunity to speak on the Commission to Inquire into Child Abuse (Amendment) Bill 2005. This is an important Bill and an important debate. We should never forget the hurt felt by the victims of child abuse, particularly child sexual abuse. I have worked with and assisted many adults and children over the years and their trauma and pain should never be forgotten by Members. As a State and a society we must do all in our power to assist those people but we must also be constantly on our guard to prevent these types of crimes against children.

The sad reality is that such abuse is still going on in many dysfunctional and chaotic families, and many of the stories are hidden from the public eye. Most child sexual abuse survivors will not talk about their suffering and their pain. It is the responsibility of this House, therefore, to assist them through this legislation. Sitting on the fence is not an option. We all have a duty to give these people the maximum support and assistance.

The purpose of the Bill is to give effect to the recommendations of the Report to the Government of the Review Group on the Commission to Inquire into Child Abuse and the report and subsequent recommendations of Mr. Justice Ryan on the workings of the commission. The amendments proposed in the Bill will better enable the commission to complete a full inquiry into child abuse within a reasonable timeframe and at a reduced cost. I welcome that because this matter is urgent. I also welcome the fact that costs will be reduced.

The Bill will also establish a statutory framework for the operation of an education fund for former residents of institutions and their families. It will also make a number of technical amendments to the Residential Institutions Redress Act 2002. That is the purpose of the Bill but we should never lose focus on the victims who have been affected by this hell on earth. Their horrendous suffering should never be forgotten.

I welcome section 9, which amends section 14 of the principal Act by conferring additional powers on the investigation committee in its taking of evidence. It will now be entitled to require the discovery of documents, furnish questions which must be replied to and require parties to admit facts, statements and documents. The evidence obtained will be presumed to be prima facie evidence of the matters to which it relates. Where a person, without good reason, refuses to comply with one of these requirements or with a direction issued under section 14(1) of the principal Act requiring the giving of evidence to the committee, the chairperson of the committee can award costs against him or her. The section provides that the investigation committee will take evidence of a person's conviction for abuse of a child as evidence before the committee of that abuse.

It is important that we have openness and professionalism in this debate. We must also ensure we get to the heart of the matter while not forgetting that the victims must be respected and helped. This is not something that happened in the past. We must be constantly vigilant. Many of us have heard horrific stories through our constituency clinics in the past few years and recently. We must be on our guard and listen to the victims because many of them only declare their abuse in their 30s, 40s and 50s. I became aware of a case involving a man in his 40s who was sexually abused but who only declared the abuse recently. He had suffered that trauma for 20 or 30 years without disclosing it to anybody. We must be sensitive to these types of issues and give the victims the maximum support.

Section 27 permits the board to pay grants to former residents of institutions, or relatives of former residents, to assist them avail of educational services. The board will have discretion as to the amount of the grant, the educational service for which it is paid, the frequency of payment and the conditions to be attached to the grant. It will have to decide on criteria by which decisions on grants will be made and will have to publish those criteria.

I urge compassion, sensitivity and understanding of the victims in dealing with section 27 because if we do not take that approach we will be going nowhere in terms of their needs. It is important that when grants are being allocated we do not make the victims go through the hoops or make their lives even more difficult because their plight is very serious.

Section 34 provides for a number of amendments to the Residential Institutions Redress Act 2002. The offence of giving false evidence to the redress board or the review committee is extended to any person who gives such evidence, regardless of whether they have made an application for an award. That is important because allegations will be made against certain people that might not necessarily be true. We must protect the rights of our citizens and those against whom allegations are being made. We must be on our guard in respect of section 34.

Another amendment the section provides for is that in future, where an award is made but the applicant dies before deciding whether to accept it, the award will not die with them. That is a positive aspect. Where they are survived by a spouse or child, he or she may proceed with the application on the deceased's behalf. If the deceased does not have a spouse or child, the applicant will be deemed to have accepted the award, which will be paid to their estate.

The board will have discretion in deciding whether it needs to request a medical report on the applicant and remove the obligation on the applicant to appear in person at a board hearing.

Section 34 also states that the board will have a discretion in relation to the evidence it is required to rely upon in cases where an application is made on behalf of a deceased person. This is a very important section.

Section 29 provides that the board will consist of a chairperson and eight ordinary members appointed by the Minister for Education and Science. Four of the members must be former residents of institutions. That is significant because it provides an opportunity to the victims to have their voices heard at this level. If we are to bring forward commonsense proposals and help the victims, we must ensure their voices are heard.

Section 30 provides for the employment of staff by the board, their remuneration and terms and conditions of service. It is very important to get the right staff involved in this issue. They must be sensitive and caring, know the rights of citizens and understand the victims. This is a very important section because whether one is dealing with children or teenagers, the key strategy is to have the right person doing the job in the right circumstances, particularly in the area of education or working with children with disabilities. We hear much talk in this House about breaking the cycle of disadvantage but there are many people working in very difficult situations, be they primary or second level teachers, who because of the nature of their skills are changing children's lives every day and having a positive impact in very negative circumstances.

We must pay tribute also to the people who are on the front line and those who take risks. Let us not forget the people who do valuable work in the public service and those involved in sports and community groups and teaching organisations who took risks in the interests of defending the rights of the child and protecting a child from abuse. Section 30 is important in that regard because it deals with the employment of staff by the board.

Section 32 requires the board to publish an annual report and to provide a copy of it to the Minister who must lay it before the Houses of the Oireachtas. The board must provide the Minister with such information on its activities as requested by him or her and may also provide information relating to applications and decisions relating to grants to any other appropriate person. However, the board will be precluded from providing information that could lead to the identity of the applicant being disclosed.

Two parts of that section are important, the first of which is the laying of the annual report before the Houses of the Oireachtas. This is about responsibility and ensuring the victims' needs are met and the taxpayers' money is spent carefully. The second part is important also in that the board will be precluded from providing information that could lead to the identity of the applicant being disclosed.

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