Batt O'Keeffe (Cork North West, Fianna Fail)

I move:

That Dáil Éireann approves the draft Commission to Inquire into Child Abuse Act 2000 (Section 5) (Specified Period) Order, 2009, a copy of which was laid before Dáil Éireann on 22nd January, 2009.

The operation of the Commission to Inquire into Child Abuse is governed by the terms of the Commission to Inquire into Child Abuse Act 2000 and the amended Act of 2005. Under section 5(5)(a) of the principal Act, the commission is statutorily obliged to publish its report to the general public within the specified period. The current specified period is due to expire on 31 January 2009 and this extension is required in order to allow the commission to comply with its statutory obligations and to publish its report during the specified period.

As prescribed by the Act, the Department has consulted the commission on the requirement and timeframe for the extension. The commission, which is independent of the Department in the performance of its functions, has requested an extension of four months to the end of May 2009 to allow for completion of the report and to make the necessary preparations for its publication and release to the general public.

The chairperson, the honourable Mr. Justice Seán Ryan, in a letter to the Department dated 19 January 2009, has confirmed that the commission is currently finalising the report, which is expected to consist of up to 3,500 pages. The current position is that more than 90% of the material is being given final approval by the commissioners and the remainder will be completed before mid-February. At that time, the report will be sent to the printers and the printing and proofing process will begin.

When the previous extension was sought in May 2008, the commission had indicated to the Department that it hoped to be in a position to forward the report to the printers by the end of November 2008, with a further period of two months being allowed in which to finalise the printing and proofing process. Consequently, the previous specified period was extended to the end of January 2009 on foot of those advices received from the commission.

However, the chairperson has now indicated that the work and time involved in the printing, proofing and publication of the report was underestimated. All focus to date has been on completing the writing of the report but the commission is now in a position to be more accurate about the schedule of work required leading to the publication of the report. Under the terms of section 5(5) of the Commission to Inquire into Child Abuse Act 2000, an order to extend the term of the Commission must be approved by both Houses of the Oireachtas.

One of the primary functions of the Commission to Inquire into Child Abuse is to provide those, who previously had no such facility, with an opportunity to discuss their experiences of childhood abuse to an experienced and sympathetic forum. For many former residents of institutions, this therapeutic process is all that they require of the commission. However, many others have sought to have their allegations of abuse inquired into.

To ensure that both strands could be accommodated, the Commission to Inquire into Child Abuse Act 2000 provided for two distinct committees, the confidential committee and the investigation committee. In providing these two separate fora, this has ensured, on the one hand, the right to confidentiality of those who wanted only to access the therapeutic role of the commission and, on the other hand, the right to natural justice of those persons accused of abuse.

The confidential committee has provided a forum for 1,090 victims of abuse to recount their experience on an entirely confidential basis. The investigation committee investigated complaints and allegations made to it and provided a forum for 900 victims to be interviewed or to attend hearings. Therefore, the investigation committee has a dual role in facilitating victims who wish to recount their experiences and to have allegations of abuse fully inquired into.

The investigation committee also held public hearings into a number of specific institutions. Evidence has also been submitted to the investigation committee, at public hearings in relation to various Departments including the Departments of Education and Science, Justice, Equality and Law Reform and Health and Children and the Irish Society for the Prevention of Cruelty to Children.

On completion of its investigations, the commission will publish and release its report to the general public. The final report will be based on the findings and subsequent reports of both the confidential and investigation committees. The Act provides that, in its report, the commission may identify institutions in which abuse occurred and the persons responsible for such abuse and may make findings in regard to the role and responsibility of management and regulatory authorities. The report, however, following the recommendation of the commission, will not make findings on any individual case. The commission's report may also contain recommendations on actions to address the continuing effects of the abuse and actions to be taken to safeguard children from abuse in the future.

I urge Deputies to approve this resolution by supporting the motion. By doing so, they will enable the commission to fulfil its statutory obligations by publishing its report within the specified period. By supporting this motion, they will provide a legal basis through which the Government and this House have previously decided the commission would report.

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