Seán Haughey (Dublin North Central, Fianna Fail)

Under section 5(5)(a) of the Commission to Inquire into Child Abuse Act 2000, the commission is statutorily obliged to publish its report to the general public within the specified period. The current specified period will expire on 31 January 2009 and the extension is required in order to allow the commission to fulfil its statutory mandate to finalise and publish its report during the specified period. As prescribed by the Act, the Department consulted the commission on the timeframe for the extension of the current specified period. The commission, which is independent of the Department in its functions, has requested an extension of four months to the end of May 2009 to allow for completion of the report and to make the necessary preparations for its publication. The chairperson, the Honourable Mr. Justice Seán Ryan, in a letter to the Department, dated 19 January 2009, confirmed the commission is finalising the report, which is expected to comprise between 3,000 and 3,500 pages. The present position is that more than 90% of the material is being given final approval by the commissioners and the remainder will be completed before mid-February at which time the printing and proofing process will begin.

When the previous extension was sought in May 2008, the commission had indicated to the Department that it hoped to be in a position to forward the report to the printers by the end of November 2008, with a further period of two months being allowed in which to finalise the printing and proofing process. Consequently, the previous specified period was extended to the end of January 2009 on foot of those advices received from the commission. However, in his letter of 19 January 2009, the chairperson has indicated the work and time involved in the printing, proofing and publication of the report was underestimated. All focus to date has been on completing the writing of the report but the commission is now in a position to be more accurate about the schedule of work required leading to the publication of the report. Under the terms of section 5(5) of the Commission to Inquire into Child Abuse Act 2000, an order to extend the term of the commission must be approved by both Houses of the Oireachtas.

Since the then Taoiseach's apology of 11 May 1999 to the victims of abuse in childhood, a range of Government measures have been put in place for the redress of abuse, including the establishment of the Commission to Inquire into Child Abuse, the setting up of a financial redress scheme for victims of abuse and the establishment of a statutory redress board to administer this scheme, the provision of counselling services and the establishment of the education finance board. The commission was formally established in May 2000 and its broad terms of reference are to afford victims of abuse in childhood an opportunity to tell of the abuse they suffered to a sympathetic and experienced forum; to establish as complete a picture as possible of the causes, nature and extent of the physical and sexual abuse of children in institutions and in other places during the period from 1940 to the present; and to compile a report and publish it to the public on the activities and the findings of the commission, containing recommendations on actions to address the continuing effects of the abuse and actions to be taken to safeguard children from abuse in future.

One of the core functions of the commission is to provide those who previously had no such facility with an opportunity to recount their experiences of childhood abuse to an experienced and sympathetic forum. This therapeutic role is all that many former residents of institutions require of the commission. However, others have expressed a wish for their allegations of abuse to be inquired into. To ensure both strands were accommodated, the Commission to Inquire into Child Abuse Act 2000 provided for two distinct committees — the confidential committee and the investigation committee. In providing two separate fora, this has ensured, on the one hand, the right to confidentiality of those who wanted only to access the therapeutic role of the commission and, on the other hand, the right to natural justice of those persons accused of abuse.

The confidential committee has provided a forum for 1,090 victims of abuse to recount their experience on an entirely confidential basis. The purpose of the committee is to meet the needs of those victims who want to recount their experiences but who do not wish to become involved in an investigative procedure. The investigation committee investigated complaints and allegations made to it. It has the power to compel persons accused to attend before it and to compel them to produce any relevant documentation which it may require as part of its investigations. This committee is, therefore, facilitating victims who wish both to recount their experiences and to have allegations of abuse fully inquired into. To date, part of the committee's activities are as follows: 286 individuals attended 288 hearings; 553 people were interviewed; 59 complainants attended for interview and hearing; 353 who made applications withdrew from the process; and 253 transferred to the confidential committee. The investigation committee has also held public hearings into a number of specific institutions. Evidence has also been submitted to the committee at public hearings relating to the Departments of Education and Science, Justice Equality and Law Reform and Health and Children and the Irish Society for the Prevention of Cruelty to Children. The committee is in the process of finalising its report.

On completion of its investigations and as required by the relevant legislation, the commission will publish its report. This will be published directly to the public by the commission itself. The final report of the commission will be based on the findings and subsequent reports of both the confidential and investigation committees. The Commission to Inquire into Child Abuse Act 2000 provides that, in its report, the commission may identify institutions in which abuse occurred and the people responsible for such abuse and may make findings in regard to the role and responsibility of management and regulatory authorities. The report however, following the recommendation of the commission, will not make findings on any individual case. It may also contain recommendations on actions to address the continuing effects of the abuse and actions to be taken to safeguard children from abuse in the future.

The publication of the report will not represent the end of the commission's operations. Other functions must be performed which statutorily can continue after the specified period has lapsed. These include settlement of all third party legal representation costs, management of discovery documentation held by the commission, the carrying out of any work related to post-publication of reports and management of the general shutdown of the commission. The commission, during the period of its existence, has been the recipient of a voluminous body of extremely confidential and sensitive material. Consequently and in accordance with section 6 of the 2000 Act, the commission will have to make such arrangements as it considers appropriate for the making of as complete a record as is practicable of the proceedings of the commission and the committees. It will also be charged with making arrangements for the custody and-or disposal of the documents provided to the commission. This in itself will be a huge task.

Expenditure for the commission from inception to the end of 2008 was €59.4 million. It is estimated that an additional provision of between €30 million and €40 million may be required to meet remaining overall costs of the commission to the end of 2010. The 2009 allocation of €20 million will meet part of this liability. This is a tentative provision, given the commission has yet to receive and assess a large volume of third party legal costs. The granting of this extension will not require additional funding above that allocated.

I urge Senators to approve this resolution by supporting the motion. By doing so, Senators are enabling the commission to fulfil its statutory mandate by publishing its report. By supporting the motion, Senators are providing the legal basis through which the Government and this House have previously decided the commission would report and they will provide the opportunity for a regrettable episode in Irish history to be recorded fully, accurately and fairly and to acknowledge the input of all those who were part of this process. The publication of the report, containing the findings and recommendations of the commission, is an essential part of the service the Government can render to our society as a whole. However, while society as a whole can benefit from the work of the commission, we must not forget that this is primarily a commission for the victims of abuse. The work of the commission and its public report is an opportunity for them to receive the kind of respectful and sympathetic acknowledgement to which they are entitled. I commend the motion to the House.