Dermot Ahern (Louth, Fianna Fail)

I already spoke publicly of the anger and revulsion with which I read the commission's report. There is no doubt that these and other emotions are shared by all members of this House. However, anger and revulsion do not beget justice. In recent days we have seen an understandable drive for some gesture, word or act to express our collective disgust and feelings of collective failure that Irish children, our neighbours, friends and families suffered silently amongst us, as we went about our daily lives.

However, we must remain focused and clear-headed. The painful fact is that there is no possible single act of purgation with which we can turn the clock back and wholly erase these failures or heal the pain. What is possible and meaningful is to ensure that the guilty are punished, that our criminal justice system acts without fear or favour and that those evil men who raped and assaulted children in this State face justice meted out by the State and its people. This justice must be blind to position, power or clerical rank and know innocence or guilt only as defined by the people and as set down by their Oireachtas in the laws of the Republic of Ireland.

I can assure the House today that it is clear from my contacts with the Garda Commissioner that neither he nor his force will rest until everything possible is done to make sure the perpetrators of this awful abuse pay for their crimes. Those who have not yet been brought to justice for these crimes should spend every day of the rest of their lives realising there is no hiding place for them and that justice, even where it may have been delayed, will not be denied. As the report makes clear, a number of the perpetrators have already been brought to justice, proceedings are pending against others and a number of investigations are ongoing.

It was because a number of cases are the subject of proceedings that it was necessary for me, in accordance with the provision of the Commissions of Investigation Act 2004, to make an application to the High Court for directions as to the publication of parts of this report. The House will be aware that, in the circumstances, Mr. Justice Gilligan ordered certain redactions.

When the report was published, I said there must be people with some memory or fact that could help bring the perpetrators to justice. I appealed for those people to come forward. Of course none of us would blame people for wanting to put the dreadful brutality they suffered in their childhoods behind them. The report is a testament to the courage of many victims of abuse who did come forward and, irrespective of how painful it was for them, told their stories to the commission. While I realise what I am asking is not easy, I emphasise that anyone who comes forward will have what he or she says investigated fully and will be treated with great sensitivity.

Any information, particularly new information, can make a difference. I am told by the Garda that the special contact line it set up after the Ryan report was published has resulted in about 60 cases being actively investigated. Many of those cases will result in files being forwarded to the Director of Public Prosecutions.

It may be helpful for Members to place on the record of the House the special contact arrangements that the Garda has made following the publication last Thursday of the commission's report. The special telephone number is (01) 6663066. People can write to the office of the Assistant Commissioner, National Support Services, Harcourt Square, Dublin 2, marking their envelopes "Dublin Archdiocese Report".

Beyond the question of dealing with individual perpetrators of sexual abuse, there is the wider question of criminal liability for the way abuse allegations were handled. The Garda Commissioner has appointed Assistant Commissioner John O'Mahoney to examine specifically the findings of the report relating to the handling of complaints and investigations by both church and State authorities. The Assistant Commissioner has been tasked with carrying out such investigations and inquiries as he deems appropriate and to make a report to the Commissioner with his recommendations. The Garda Commissioner will then consult the Director of Public Prosecutions as to what issues arise in the context of criminal liability.

It would be a disservice to the victims to pretend that pursuing criminal liability in regard to the handling of the cases of abuse is straightforward. At times, some actions are profoundly morally wrong but not of themselves criminal acts. The law as it stands - particularly the offence of endangerment in the Criminal Justice Act 2006 - is stronger than it used to be but cannot be applied retrospectively. The standards of proof involved in a criminal trial are, quite rightly, high. Many of the difficulties involved are identified in the commission's report. However, the victims are entitled to expect that the issue of criminal liability on the part of anyone in authority in the church or State in the handling of these cases will be pursued fully and rigorously. That is exactly what will happen. Assistant Commissioner O'Mahoney and his team will have the full investigative powers of the Garda Síochána in carrying out this examination. They will pursue their inquiries, without fear or favour, wherever they lead.

The commission's report finds that, in some cases, An Garda Síochána did not appropriately pursue allegations made known to it. My profound regret that this should have been the case is shared by the Garda Commissioner, who has apologised for those failings, as has the Government, without reservation or equivocation. In the half dozen or so instances where Garda handling of cases is criticised in the report, a common theme is that deference to the church brought about circumstances in which individual gardaí treated members of the church as if they were beyond the reach of the law. Perhaps in the times in question, gardaí were not unique in showing such deference. However, it is not, and never has been, acceptable for institutions to behave as if above the law of the State, or for them to be treated as such. This is a republic with a sovereign people and no institution, agency or church can be immune from that fact.

In fairness to members of An Garda Síochána, it is only right to point out that the commission makes no criticism of current arrangement for investigating allegations. Reflecting the comments of victims, the commission is quite complimentary about the current arrangements. It points out that, even in former times, a number of gardaí pursued these cases without fear or favour.

I pay tribute to the professionalism and sensitivity of individual members of An Garda Síochána, as reflected in the commission's positive remarks. There are, however, no grounds for complacency. Both the Garda Commissioner and I accept that, in this constantly evolving area of law enforcement, it is necessary to review our approaches continuously to ensure that the highest standards and best international practice are adhered to. It is against that background, and having consulted the Commissioner, that I have asked the Garda inspectorate to review arrangements for Garda handling of complaints of sexual abuse against children.

I do not believe anyone for one moment doubts the commitment of the Garda Commissioner and his force to pursue allegations of the kind in question with determination and professionalism. It is worth noting that the accountability arrangements for An Garda Síochána have been transformed and modernised by the Garda Síochána Act 2005 from the arrangements that were in place during the period covered by the report.

I pay tribute to the commission for the valuable work it has done. I welcome the fact that there was agreement on all sides to discuss the report here today. There are hard and bitter lessons to be learned from the report. As legislators and public representatives, we cannot flinch from the heart of darkness at its core. All sides of this House are determined to do all they can to consign those evil days to a past which must be accounted for. It is a past for which those involved must take responsibility and face the consequences of their actions. Above all, it must never be repeated.

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