Dermot Ahern (Louth, Fianna Fail)

It is important to recognise that the report of the commission describes the Garda investigation in 2002 as probably the most comprehensive Garda investigation into clerical sexual abuse ever undertaken in the State and as effective, co-ordinated and comprehensive. It resulted in a number of files being sent to the Director of Public Prosecutions and, following his directions, people have appeared before the courts charged with serious offences. Some of these cases are ongoing.

I presume the Deputy's question refers specifically to that part of the report which is entitled "Misprision of Felony Investigation". The commission notes the difficulties, particularly of a legal kind, which surrounded that part of the Garda investigation. Following publication of the report, the Garda Commissioner asked an assistant commissioner, John O'Mahony, to examine the report's findings relating to the handling of complaints and investigations by church and State. After the Garda Commissioner has received the report of the assistant commissioner's examination, he will consult with the Director of Public Prosecutions as to what issues arise in the context of criminal liability.

It would be a disservice to the victims of abuse not to acknowledge the difficulties surrounding any such examination but I am satisfied that everything possible will be done to pursue this matter robustly and comprehensively. I am open to any suggestions the Deputy might have for new legislation to facilitate prosecutions but I am sure he appreciates that we cannot change our law to create criminal offences retrospectively. It is the case that developments in the law which took place after the events referred to in the report, particularly the offence of reckless endangerment in the Criminal Justice Act 2006, have considerably strengthened the law in this area.

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