Seanad debates

Wednesday, 22 June 2005

Commission to Inquire into Child Abuse (Amendment) Bill 2005: Second Stage.

 

1:00 pm

Photo of Eamon ScanlonEamon Scanlon (Fianna Fail)

This Bill amends the Commission to Inquire into Child Abuse Act 2000 and the Residential Institutions Redress Act 2002. It establishes a statutory body to administer a €12.7 million education fund for former residents of institutions and their families.

In recent years Irish society has been shocked. It must confront the reality that so many people were subjected to serious abuse as children in homes and institutions charged with the care and protection of children, many of which were orphanages, industrial schools and reformatories owned and managed by religious orders and funded wholly or in part by the State. Many victims of this abuse have grown to adulthood carrying the emotional and physical scars of the abuse.

On 11 May 1999 the Taoiseach apologised to all victims of abuse for the suffering they endured as children and the failure of society to provide the care, attention, love and support to which all children are entitled. On that day the Taoiseach announced a range of Government measures to redress the abuse. The original legislation envisaged that the commission would proceed on an informal basis as far as possible. As the commission began its investigation process, however, this proved not to be possible, giving rise to the possibility of legal costs rising to hundreds of millions of euro. If the work of the investigation committee had continued in this way, it would have taken the commission an estimated eight to 11 years to complete its work.

The age profile of many survivors was also borne in mind. Many people, including survivors, were justifiably concerned about the lengthy timeframe. Accordingly, a review of the commission was carried out by the Office of the Attorney General. Following this, the Government requested that Mr. Justice Ryan undertake his own independent review of the working of the commission. The terms of reference were to carry out a review of the working of the commission and to make all necessary recommendations having regard to the interests of the victims of abuse, the completion of the commission's work within a reasonable timeframe and in a manner consistent with proper investigation, and to achieve these objectives without incurring exorbitant costs.

Mr. Justice Ryan's report was published on 15 January 2004, together with the review completed by the Office of the Attorney General. Mr. Justice Ryan concluded in this report that a combination of legislative amendments to the original Acts should be implemented so the commission would be in a position to conclude its work in a reasonable timescale and without incurring exorbitant costs.

The Government accepted Mr. Justice Ryan's report. Following its publication, the investigation committee held meetings with all interested parties and representatives of groups to facilitate them in expressing their views on the contents of both reports and to enable them to make suggestions on the future operation of the investigation. A formal hearing of the investigation committee took place on 24 May 2004 to receive submissions on the matter. Representative groups were also given an opportunity to express their views subsequent to the hearings. At the conclusion of the process on 16 June 2004, Mr. Justice Ryan stated the commission had decided to proceed in accordance with the position paper published in May 2004.

This legislation was enacted for the many people who as children were committed to these institutions and have suffered serious psychological scars. Many families have also suffered. Members will be only too aware of those who suffered at the hands of these people. The stress, annoyance, hardship and sorrow that has been caused to many families should be kept in mind. Hopefully, this Bill will speed up the process so those affected can be compensated. They have suffered enough and we must do everything to ensure they suffer no more.

This amending legislation fulfils three important functions. It will assist the commission in completing a comprehensive inquiry into child abuse within a sensible timeframe and at an affordable cost. It will set up an independent strategy scheme of education support for the survivors and their families, which is to be welcomed. It also makes several legislative amendments to enhance the effective operation of the redress scheme. I welcome the Bill.

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