Seanad debates

Tuesday, 7 October 2003

Order of Business: Motion. - Commission to Inquire into Child Abuse: Statements.

 

2:30 pm

Maurice Hayes (Independent)

I am grateful to Senator Kate Walsh for sharing time with me. I would also like to draw attention to the priority we should give to the victims in this. Our minds should be directed towards them.

I do not like recrimination in these matters but it is clear that the tribunal of inquiry is not necessarily the best instrument for dealing with these matters and it is perhaps a salutary lesson to us all. There is a tendency when something arises or there is some rush of emotion to establish a public inquiry. The political landscape is dotted with inquiries which repeatedly create difficulties.

It may not be possible in the Irish situation with our Constitution to prevent an inquiry becoming legalistic. If people's reputations are impugned, they have a right to defend themselves and assert their positions. I do not think it is possible in the Irish situation to have a Hutton-type of quick and easy inquiry. It all points towards the importance of following up the suggestions and proposals of the Minister for Justice, Equality and Law Reform for another way of dealing with these subjects.

I would like to pay tribute to Ms Justice Laffoy. It is a tragedy that the experience and knowledge she has gained in the past four years will not, perhaps, be available. I hope some way will be found to keep it on tap.

The Act establishing the inquiry contained a clause requiring staffing and other matters to be approved by the Department of Finance. I have been involved in setting up inquiries where I was virtually held to ransom on the question of legal costs. It is important, therefore, that structures, business methods and so forth be examined.

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