Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Fianna Fáil will support the motion put before the House by the Minister. We believe it appropriate that there should be a commission of investigation into the matters outlined in the terms of reference laid before the House. Since I became justice spokesperson for Fianna Fáil over two years ago, many groups have come to ask for the support of Fianna Fáil in seeking commissions of investigations or tribunals of inquiry. It is difficult at times but in most instances I have said it is inappropriate to have a commission of investigation or tribunal of inquiry. Sometimes they would not be of benefit or there would be no practicality to the proposal put before me. However, last year I had the opportunity along with my leader, Deputy Micheál Martin, to meet a group of victims of Bill Kenneally. They were accompanied by a very well-intentioned and informed adviser. I listened to what they had to say and read about the matters they outlined. I considered what they said was in the public interest and about having matters investigated. Along with Deputy Martin and the rest of my party, we came to the conclusion that this is one of the issues that would merit a commission of investigation. After the meeting that Deputy Martin and I had with the victims of Mr. Kenneally, I wrote to the Minister's predecessor and the Taoiseach to suggest that there should be a commission of investigation into this matter.

I commend the Minister on his agreeing to put the motion before the House. I am conscious that there are pending criminal charges against Mr. Kenneally. It is also important to note, however, that the function of this commission of investigation will be very different from the function of the criminal process. The major allegation made by the men who are victims of Bill Kenneally is that authorities did not respond appropriately to numerous warnings made to them about the abuse being committed by Mr. Kenneally. That is not a matter that will be determined or resolved in a criminal trial, and the criminal trial process will only determine the guilt or innocence of Mr. Kenneally in respect of numerous offences. It is for that reason it is very appropriate that we should have an inquisitorial process running parallel to a criminal trial process. In this case they are not incompatible.

I say to the victims of Mr. Kenneally that a commission of investigation is sometimes a crude vehicle. All it can do is establish facts, make recommendations and highlight deficiencies in the past. I have great confidence in retired judge Mr. Barry Hickson that he will do that. I commend the Minister on his choice and I hope this is a successful and prompt commission of investigation.

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