Jim Walsh (Fianna Fail)

I rehearsed my position when I formally moved this motion and the Minister, whom I welcome to the House, provided the background to the matter in terms of the serious allegations made by the "Prime Time" reports in 2002 about sexual abuse in the Dublin archdiocese. Shortly afterwards, the Minister made a commitment that an investigation would be held into these matters and he has now established this commission of investigation.

We held a debate on the Ferns Report about one month ago and it was salutary and sad to learn that these events took place in our society over a long period of time. While I presume that we are all aware of the effects of child abuse, I am reminded of the words of the retired rector, Norman Ruddock, who said that the rape of innocence is the most bestial of crimes. I have seen in the Diocese of Ferns cases where, as the Minister noted, trauma and difficulties in personal relationships arose from these matters and, unfortunately, people have committed suicide. The most abhorrent issue is that the consequences often last the lifetime of victims. It is appropriate, therefore, that every step is taken to ensure we put safeguards in place to protect children who are in the care of any authority.

It is reasonable to assume that this commission of investigation will make recommendations and findings which accord with the Ferns Report. We will probably see that, prior to 1996, the responses of church authorities were inadequate. Hopefully, the report of the Catholic bishops' advisory committee on child sexual abuse and the framework for a church response was fully implemented since that date in every diocese. In that regard, the one bright spot in the Ferns Report was the reassurance that the bishop, the Most Reverend Eamonn Walsh, fully implemented the report. The interagency conferences he established on foot of allegations are models for other dioceses to follow.

I note from the terms of reference, which are specific and focused, that not only will the commission investigate cases in which complaints were made but it will also examine issues which came to the attention of the authorities through other means. It is good that the latter is also investigated because a significant amount of information will be revealed by doing so. The most important task is to learn lessons from the mistakes of the past so as to ensure similar events do not take place.

Other dioceses will be examined if they are found to have failed to implement the recommendations of the bishops' advisory committee of 1996. In the interim period while the commission is being established, I hope that the Health Service Executive will be proactive in identifying such dioceses and make them give full effect to the recommendations. That would be the ideal solution because it would obviate the need for commissions of investigation. I hope we do not sit back and wait on the commission to make recommendations but will be proactive in ensuring that happens. The bishops' conference should also deal with that as a priority.

I do not subscribe to the notion that we should have such a commission of investigation into every diocese. While I have misgivings about this one the commitments given should be honoured. I am not confident that it will bring forward any further recommendations or throw any more light on the problem than did the Ferns Report.

The commission of investigation is a new innovation by the Minister because of the exorbitant costs of the tribunals and public inquiries we have had since 1997. Due to the duration of those inquiries the reports are often out of date when published and their value diminished, so I am glad this inquiry has an 18-month target. The Ferns inquiry, operating on a non-statutory basis, was positively received from the point of view of its efficiency by most Members of these Houses and we can make a comparison to see if the commission operates as efficiently and effectively and within similar cost structures. In terms of gauging the intent of the commission of investigation that comparison is good.

We must not be side-tracked. Sexual abuse committed by clergy of any religion accounts for approximately 3% of all sexual abuse. It is important that in investigating we do not lose sight of other areas which have higher levels of sexual abuse. We must take an holistic approach to it so the effective safeguards to be put in place will cover 100% of the areas which have given rise to child sexual abuse. This includes all sorts of authorities and people with responsibility for children including, unfortunately, members of the immediate and extended family.

While the sexual abuse committed in the diocese is being highlighted, and rightly so, it is imperative that we do not overconcentrate on this to the detriment of the other 97%. This week the Departments of Justice, Equality and Law Reform and Health and Children placed emphasis on a Ministry for children and this will be a positive step in bringing all the strands together and focussing all the agencies involved in a common direction. We will have further debates on that in the future in these Houses. The House will join with me in wishing the Minister of State at the Department of Health and Children, Deputy Brian Lenihan, well in his responsibilities.

While we have opted for the commission of investigation, I wonder why the Minister did not opt for a non-statutory approach like the Ferns inquiry together with the Garda pursuing allegations to bring them to court. People who committed serious crimes should be accountable before our courts. That should be the prime objective because it becomes a strong deterrent against this type of behaviour in the future.