Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move:

That Dáil Éireann approves the following Order in draft:Commission of Investigation (Response to complaints or allegations of child sexual abuse made against Bill Kenneally and related matters) Order 2018,copies of which Order in draft were laid before Dáil Éireann on 6th June, 2018.

I thank members of the Business Committee for agreeing to have this important issue debated in the House. As Members are aware, I wrote to the Ceann Comhairle to ask respectfully that all Members exercise a particular level of restraint in the debate. It is important to remember that criminal proceedings are in train in respect of issues that are potentially related to an element of the work of the proposed commission, so nothing should be said here that might in any way jeopardise the rights of those who have come forward and made complaints more recently to have their cases fully prosecuted. Similarly, nothing should be said here this evening that would jeopardise the right of anybody to a fair trial. It is imperative, therefore, that we protect and respect these fundamental constitutional rights. Members are aware that this matter was debated in the Seanad two weeks ago.

On 23 November 2016, the then Tánaiste met the survivors of sexual abuse committed by Bill Kenneally. These men, who are fathers, husbands, brothers and sons, had courageously come forward with their evidence of the horrific abuse inflicted on them during their childhood.

Their evidence led to a conviction against Bill Kenneally and a sentence of 14 years imprisonment. In their meeting, the victims of Bill Kenneally’s abuse outlined their concerns about how allegations or complaints about their abuser were dealt with at the time that the abuse was taking place. Following the meeting, the then Tánaiste sought the advice of the Attorney General, who advised that while it would be very difficult to establish a commission of investigation, given a number of legal and procedural difficulties, it would not be impossible.

The Government was conscious of the very serious allegations that had been made and the concerns of the complainants and accordingly in May 2017 the Government committed to setting up a commission of investigation into the response to allegations of abuse committed by Mr. Bill Kenneally. Since I became Minister for Justice and Equality later that year I, along with my officials, have worked with the Attorney General’s office to draft an appropriate set of terms of reference that, as far as possible, would not affect adversely any pending or ongoing criminal proceedings or further investigations. It should be noted that relatively recently a further 99 criminal charges have been brought against Bill Kenneally in respect of other complainants. An Garda Síochána is also investigating further allegations by new complainants. A commission of investigation is necessary but it cannot supplant or undermine the criminal justice processes under way.

The terms of reference are drafted primarily from information provided by survivors of abuse committed by Bill Kenneally. A particular mention should go to Mr. Jason Clancy, who provided very detailed information on the response by the State to the allegations in the 1980s which forms the basis for the commission of investigation. In April this year I met the survivors and their legal representative and offered them an opportunity to comment on the draft terms. They made a number of suggestions, which I considered, and a version encompassing a number of the proposed changes was then sent to the Attorney General for further advice. The final version of the terms of reference were subsequently sent to the survivors via their solicitor who informed my Department that they approved of the terms of reference as now drafted.

Turning to the substance of the terms of reference, the sole member will first be asked to investigate the extent of the knowledge within An Garda Síochána during a particular period, 1985 to 1992, of the allegations against Mr. Kenneally. If information emerges indicating that gardaí were informed of the allegations against Mr. Kenneally, either before or after those particular years, then the commission is empowered to investigate that information further. Members will note that the terms contain references to An Garda Síochána, the South Eastern Health Board, Basketball Ireland, the Waterford Catholic diocese and unnamed "political figures". The allegations made by Mr. Clancy and others are primarily against An Garda Síochána but it may be necessary for the commission to investigate the acts or omissions of those other organisations if it can be shown that An Garda Síochána passed information to them relating to offences allegedly being committed by Mr. Kenneally. I am not ruling that out. I inform Members that once the documents were laid before both Houses, my Department made contact with the named organisations, providing them with copies of the terms of reference and informing them that the commission would be in contact with them in due course.

I am happy to appoint retired Circuit Court judge, Mr. Barry Hickson, as the sole member of the commission of investigation. A well respected and experienced jurist, I am sure he will carry out the work of the commission in a professional and expedient manner. Colleagues should also note that the commission may be required to pause its work if requested by the Director of Public Prosecutions where a concern exists that the matter being discussed at the commission might interfere with any aspect of an ongoing criminal prosecution against Mr. Kenneally. The DPP will be monitoring proceedings closely and has agreed to contact my Department should any difficulties arise.

I acknowledge the importance of this debate and we are somewhat constricted with the time. I will pause my comments and offer further information to the House regarding detailed arrangements for the commission of investigation following statements from other Members.

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