Brian Cowen (Laois-Offaly, Fianna Fail)

The Commission of Investigation into the Catholic Archdiocese of Dublin was appointed in March 2006. Its report was published last week. It is a deeply upsetting document. At the outset, I want to say it is our duty as a society to confront and address the sexual abuse of children and to bring healing to those who have suffered the traumas of abuse. The greatest tribute we can pay to the courageous victims who brought to light these heinous acts is to redouble our efforts to ensure that this will not happen again.

The commission was appointed, not to detail cases of child abuse, but to report on how the church and State authorities handled a representative sample of allegations and suspicions involving such abuse, against clerics operating under the aegis of the archdiocese of Dublin over the period 1975-2004. In performing that task, the commission had necessarily to outline the child abuse allegations and suspicions in question, and they make shocking reading. As the commission says, it is abundantly clear that child sexual abuse by clerics was widespread throughout the period.

The commission drew together a representative sample of 46 priests from the 102 within its remit, out of the approximately 2,800 priests who served in Dublin during this period. It examined complaints against those 46 in respect of more than 320 children. Large and awful as that number is, the commission stresses that the true number is likely to be much greater: one priest admitted to abusing more than 100 children, another that he abused on a fortnightly basis for more than 25 years.

All of these children were persons entitled to dignity and respect. That was not how they were treated by the priests who abused them and the damage that was inflicted on them was not confined to the children: both the families they were born into, and the families that many of them subsequently managed to form for themselves, were also victims. The abuse did not stop there, for when victims found the courage to complain, what they had to say was not listened to and acted on, but ignored and covered up.

In a report of this nature, one does not look for heroes, but they are there: the victims who took their courage in their hands and came forward and made complaints. Many of them showed not only great courage but also great determination, patience and persistence, in what were clearly very difficult circumstances, in ensuring that their complaints were brought eventually to light. We owe them a very deep debt of gratitude for that, and also for their courageous cooperation with the commission. This report is their vindication.

The report makes two truly remarkable points about the motives of those who made complaints. When dealing with church authorities, the commission says the main concern of the complainants was the protection of other children: complainants almost invariably inquired about the whereabouts of the abuser and whether or not he had access to other children. The commission was also impressed by the extraordinary charity shown by complainants and their families towards offenders. It is very clear, the report says, that complainants frequently behaved in a much more Christian and charitable way than the church authorities did.

The responsibility for the abuse of children belongs to the evil men who did this. How men ordained for a ministry of love could have done such things to children is impossible to imagine. How they could have reconciled their consciences with their ministry is also impossible to imagine. What is no longer impossible to imagine is how they were able to continue to abuse and stay in their ministries for so long, because the commission has investigated that and has set it out for us in graphic detail.

I wish to put on the record of the House the Government's gratitude to the members of the commission and its staff for their thorough and painstaking work over more than three years and the clear and cogent way in which they presented what they found.

The detailed description in the report of how the diocesan authorities handled abuse allegations regarding the 46 priests makes deeply shocking reading. The absence of proper procedures and investigation, the failures of communication both internally in the archdiocese and between it and other church authorities, the lack of sharing of knowledge so that those examining allegations against individual priests would know of the totality of the allegations against them, the "don't ask, don't tell" culture, the non-application of the church's own canon law and the failure to report allegations to the Garda so that the criminal law could be applied, are all carefully detailed.

The whole shocking story can be summarised in a sentence, namely, the church failed to apply its own teaching and put children first. Alternatively, in the damning words of the commission:

the welfare of children, which should have been the first priority, was not even a factor to be considered in the early stages. Instead the focus was on the avoidance of scandal and the preservation of the good name, status and assets of the institution and of what the institution regarded as its most important members - the priests.

The report raises very fundamental questions for the church. While the report acknowledges the contribution made by the archdiocese to the lives of our citizens, which should be acknowledged, the sins of omission and commission that the report found should be food for the most sombre reflection, especially in the context of Christmas, when the church celebrates the birth of its founder.

The fault for the cover-up lies primarily with the authorities in the diocese but there also were failings by agencies of the State. The statement issued by the Government on publication of the report already has stated, and as Taoiseach I repeat it formally in this House, that whatever the historical and societal reasons for this, the Government on behalf of the State apologises, without reservation or equivocation, for the failures by the agencies of the State in dealing with this issue.

The report makes a number of adverse findings against the Garda Síochána in about half a dozen cases both regarding inappropriate contacts between the Garda and the archdiocese and the fact that a number of very senior gardaí in past years clearly regarded priests as being outside their remit. There are also examples of gardaí actually reporting complaints to the archdiocese rather than investigating them and some of the Garda investigations that did take place were cursory.

However, the report was also impressed with the actions of some gardaí and the manner in which they investigated some individual cases. It makes the point that many of the complainants who gave evidence to the commission praised the professionalism they encountered in the specialist child sex abuse unit in Harcourt Square, Dublin. I am glad to acknowledge the work of those gardaí who acted correctly and professionally when allegations of abuse were brought to their attention.

Members will be aware that Garda Commissioner Fachtna Murphy issued a statement last week on publication of the report expressing his sorrow that, in some cases, individuals who sought assistance did not always receive the level of response or protection which any citizen in trouble is entitled to expect from the Garda Síochána. I welcome his statement and the commitment therein to ensuring that confidence in and the effectiveness of the investigation methods of the Garda Síochána are such that abusers cannot draw a cloak of fear and mistrust around their crimes.

The Commissioner outlined a number of initiatives being taken by the Garda in this area. These include the establishment of a crime training faculty to train senior investigating officers, incident room managers and detectives; the training and appointment of specialist child interviewers throughout the country; the establishment and roll-out of dedicated child interview suites in each region; and the development and implementation of a youth and children strategy from 2009 to 2011. After pointing out that the Garda Síochána has the expertise and determination to investigate these despicable crimes and having assured victims that when they ask for Garda help they will get it, the Commissioner went on to appeal directly to victims and their families to contact the Garda and to report abuse. A dedicated telephone line has been established for this purpose. I repeat the Commissioner's appeal for anyone who has been abused, and their families, to contact the Garda and report the abuse as soon as possible.

The report finds no fault with current Garda handling of complaints and is quite complimentary about current Garda arrangements for handling such complaints. Nevertheless, after consulting with the Garda Commissioner, the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, intends to ask the Garda Inspectorate to review Garda handling of allegations of child sexual abuse to ensure that Ireland is in line with best international practice.

There also is the question of criminal liability arising from the response of church and State authorities to allegations of abuse outlined in the report. The Commissioner has asked an assistant commissioner to examine the report's findings relating to the handling of complaints and investigations and make recommendations to him. The Commissioner will then consult with the Director of Public Prosecutions as to what issues arise in the context of criminal liability.

The report also had comments to make about the HSE and its predecessors, the health boards, and about the legislative powers available for the protection of children against child abuse, including abuse by non-family members. Members will recall that after the publication of the Ryan report last May, the Government asked the Minister of State with responsibility for children and youth affairs, Deputy Barry Andrews, to draw up a plan to implement its recommendations. The Minister of State announced that implementation plan, which involves some 99 actions to improve the delivery of children's services, in July and it is being put into action.

Exchange of soft information, that is, information which is available to authorities but where the person to whom the information relates has not been charged or convicted of a criminal offence, is a highly important aspect of child protection. The Minister of State, Deputy Barry Andrews's Office of the Minister for Children and Youth Affairs, in co-operation with the Department of Justice, Equality and Law Reform, has commenced the process of preparing heads of a Bill in respect of the use of soft information and of consulting other Departments, the Garda Síochána and the HSE regarding the draft heads. At a cross-departmental level, it has been agreed that a single statutory agency should have responsibility for the management of all information, hard and soft, on child abuse in this jurisdiction.

The heads of the Bill on soft information that will be presented to the Government will include a proposal that the Garda vetting unit, based in Thurles, will be put on a statutory basis and that this statutory body will have responsibility for the management of all soft and hard information. The proposal envisages an agency led by the Garda with the HSE and other relevant bodies working alongside it, which will be similar in structure to the Criminal Assets Bureau, which has elements from the Garda, the Revenue Commissioners and the Department of Social and Family Affairs co-located together under Garda leadership. The findings of the commission's report about collection and sharing of information will be taken fully into account in this process. The proposed legislation will need to have regard to the constitutional rights of persons, including the right to equality before the law, the right to a good name, the right to privacy and the right to earn a livelihood. It also must address the right to fair procedures and have regard to the European Convention on Human Rights.

In addition to this legislation, a revised edition of the Children First guidelines is to be published shortly and the guidelines will be promulgated throughout the public service. The Office of the Minister for Children and Youth Affairs is committed to the preparation of legislation to ensure that State employees and staff from key agencies in receipt of Exchequer funding and who are working with children will have a duty to comply with the Children First guidelines. The commission's report expresses concern about the statutory powers of the Health Service Executive to deal with child sexual abuse by non-family members. The Office of the Minister for Children and Youth Affairs is consulting further with the Office of the Attorney General to seek clarity in this regard.

However, in the wake of the publication of the Ferns Report in 2005, legal advice was sought from the Attorney General regarding the powers of health boards or the HSE as it now is, to investigate and deal with instances of child abuse perpetrated outside the family. The Attorney General was not of the view that the HSE's powers under section 3 of the Child Care Act 1991 are limited to cases of intra-family abuse. The HSE has stated that it responds to all allegations of child sex abuse regardless of the circumstances of the allegation.

It is only fair to record that practices in the archdiocese of Dublin and in the Catholic church generally have moved on considerably from what is described in the report. However, Deputies will be aware that the HSE is conducting an ongoing audit of all Catholic church dioceses. The audit aims to ensure that the HSE is fully aware of all clerical child sex abuse known to the church, including the whereabouts of alleged perpetrators. The HSE issued a detailed questionnaire to all dioceses during the summer and has received completed replies from the bishop in each diocese. HSE child care managers are in the process of meeting individual bishops to clarify issues arising from the completed questionnaires. A full report from the HSE is expected imminently setting out the national findings. A similar audit process is also well under way with religious orders and the HSE will furnish a further report setting out those findings.

The commission's report has thrown an appalling light on the practices of the archdiocese of Dublin in the past in dealing with, or more truly, in covering up, allegations against priests of child sex abuse. The abuse, even in the sample examined, was perpetrated against a large number of children. Their sufferings, and the damage done to the families into which they were born and the families that many of them managed later to create for themselves, can be only imagined. The behaviour of the priests who abused them was corrupt and evil. The failure of the church authorities to follow their own teachings, put children first and act decisively against the perpetrators was deeply immoral, shameful and scandalous. The State too, despite courageous and appropriate action by individuals, was guilty of many failings.

There have been improvements in the practice of the archdiocese of Dublin, and of the Catholic church in Ireland generally, regarding the care of children and in dealing with allegations and reporting them to the civil authorities. The State is conducting an ongoing audit into the current practices of every diocese in Ireland and its findings will be published shortly. The State is also taking various other actions and preparing legislation to further improve the protection of children.

The shame and horror, however, of this report must remain in the minds of every cleric in the Catholic church, of every member of the church and of every citizen to ensure every one of us puts the protection of children where it should always have been and must be from now on - first.

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