Dermot Ahern (Louth, Fianna Fail)

I welcome the fact that Senators have made time available to discuss this important report. They will have had the opportunity to read and reflect on the report of the commission of investigation into the handling by church and State authorities of allegations and suspicions of child abuse against clerics of the Catholic archdiocese of Dublin. My initial reaction and I am sure that of every Senator was revulsion at the horrific details set out in the report. However, after that first reaction, it becomes clear from the report that a systemic, calculated perversion of power and trust was visited on helpless and innocent children in the archdiocese over a 30 year period.

Our first thoughts must be with the victims of this injustice. We all owe them a profound debt for their brave co-operation with the commission in its work. If there is any light in this horror, it is the outstanding selflessness they have shown in the face of great adversity in fighting for justice and bringing into public view the harrowing catalogue of the abuse of power. The Government has already expressed its appreciation to the chairperson and members of the commission for the extremely valuable work they have carried out. I reiterate that appreciation.

The findings of the commission are clear and unequivocal. The archdiocese's preoccupation in dealing with cases of child sexual abuse, at least until the mid-1990s, was the maintenance of secrecy, the avoidance of scandal, the protection of the reputation of the church and the preservation of its assets. All other considerations, including the welfare of children and justice for victims, were subordinated to these priorities. Furthermore, the archdiocese did not implement its own canon law rules and did its best to avoid any application of the law of the State. While I recognise that the archdiocese and the religious orders have made a significant contribution to the citizens of Ireland for many years, it is a matter of profound regret that the tradition of deference which so many showed to their church was, in so far as child abuse was concerned, entirely misplaced and had the effect of further abusing the victims.

The report, rightly, deals with the failings of agencies of the State. In its statement issued on publication of the report the Government, on behalf of the State, apologised without reservation or equivocation for the failures by the agencies of the State in dealing with this issue. As the report states, it is the responsibility of the State to ensure no similar institutional immunity is ever allowed to occur again. A number of the perpetrators have been brought to justice, proceedings are pending against others and a number of investigations are ongoing. It was because a number of cases were the subject of proceedings that it was necessary for me, in accordance with the provisions of the Commissions of Investigation Act 2004, to make an application to the High Court for directions as to the publication of parts of the report. The House will be aware that in the circumstances Mr. Justice Gilligan ordered certain redactions from the report.

The commission of investigation found that the situation regarding the handling of complaints of clerical child sexual abuse had improved in the 1990s. All complaints of such abuse made to the archdiocese and other church authorities are now reported to the Garda Síochána. However, in the past there were a number of inappropriate contacts between the Garda and the archdiocese. In the half dozen or so cases where Garda handling of cases is criticised in the report, a common theme is that deference to the church brought about a situation where individual gardaí treated members of the church as if they were beyond the reach of the law. The Garda Commissioner has expressed his sorrow that individuals who sought assistance did not always receive the level of response and protection they were entitled to expect from the Garda. Perhaps in those times gardaí were not unique in showing such deference. However, it is not now, nor ever has been, acceptable that institutions behave or are treated as being above the law of the State. I stress that this is a republic where the people are sovereign and no institution, agency or church can be immune from that fact.

In fairness to members of the Garda Síochána, it is only right to point out that the commission makes no criticism of current arrangements for investigating such allegations. Reflecting the comments of victims, the commission is quite complimentary about these arrangements. It points out that even in former times, a number of gardaí, to their credit, pursued these cases without fear or favour. I pay tribute to the professionalism and sensitivity of individual members of the Garda Síochána, as reflected by the positive comments made by the commission in their regard.

When I received the report last July, I immediately sent it to the Garda Commissioner and the Director of Public Prosecutions. Since that time, the report has been subject to scrutiny by senior Garda officers. In addition, I have discussed it frequently with the Garda Commissioner. It is clear from my contacts with him that neither he nor the force will rest until everything possible is done to ensure the perpetrators of this awful abuse pay for their crimes. He has asked assistant commissioner John O'Mahoney to examine the report's findings relating to the handling of complaints and investigations by both church and State, to carry out such investigations and inquiries as he deems appropriate and to make a report to him with his recommendations. He will then consult the Director of Public Prosecutions as to what issues arise in the context of criminal liability.

That examination of acts and omissions must be on the basis of the criminal law as it was at the time. We must be realistic about the difficulty in bringing charges against people who were involved in covering up abuse, in some cases a considerable time ago. Such difficulties are outlined in the report. The Garda Commissioner and I are determined that everything possible will be done to progress this as far as possible. What the victims are entitled to expect is that the issue of criminal liability on the part of anyone in authority, either church or State, in the handling of these cases would be pursued fully and rigorously and this will happen. Assistant commissioner O'Mahoney and his team will have the full investigative powers of the Garda Síochána in carrying out this examination and they will pursue their inquiries, without fear or favour and wherever they may lead.

The Criminal Justice Act 2006 introduced a new offence of reckless endangerment of children, following a recommendation to that effect in the report of the Ferns inquiry published in October 2005. This makes it an offence for a person with authority or control over a child or abuser to intentionally or recklessly endanger a child by causing or permitting any child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or abuse or for failing to take reasonable steps to protect a child from such a risk while knowing that the child is in such a situation.

On publication of the report I stated I believed there must be people who hold some memory or fact which can help bring these people to face justice and I appealed for those people to come forward. The Commissioner has also appealed to anyone who has experienced child sexual abuse and who has relevant information about criminal offences to contact the Garda. A dedicated phone line has been set up for this purpose and I will repeat the number in this House, as I did in the other House. The number is 01-6663066. People may also write to the Office of the Assistant Commissioner, National Support Service, An Garda Síochána, Harcourt Square, Dublin 2, marking the envelope, "Dublin Archdiocese Report".

The report notes that the Garda domestic violence and sexual assault investigation unit, based at Harcourt Square, was praised by many complainants who gave evidence to the commission. The work of this unit is now supplemented by a series of initiatives and measures designed to enhance the investigative ability of the Garda Síochána and provide specialist officers nationwide with the skills required to deal with victims of sexual offences. These measures include the establishment of a crime training facility and the training and appointment of specialist child interviewers based throughout the country.

Nevertheless and notwithstanding the positive findings of the commission with regard to current Garda practices, the Commissioner and I accept it is necessary to continually review approaches to ensure the highest standards and best international practice continue to be maintained. Against that background and having consulted the Commissioner, I am requesting the Garda Inspectorate, headed by Ms Kathleen O'Toole, former police chief in Boston, to carry out as part of its work programme a review of arrangements for dealing with allegations of sexual abuse of children.

I wish to deal briefly with some public comment made about paragraphs 2.23 and 2.24 of the report in which the commission set out its dealings with a body in Rome known as the Congregation for the Doctrine of the Faith, as well as correspondence with the papal nuncio. I have already made it abundantly clear both in the other House and in Brussels, when I made public comments, my strong view, which I believe is shared by all Members of this House, that any person or organisation, either within or without this State, with information relevant to the commission's work should co-operate fully with the commission. To do otherwise would be a further betrayal of the victims of abuse.

Contacts outlined in the report were in line with normal practice and, as such, they were dealt with at official and not political level within the Department of Foreign Affairs. That Department merely transmitted a message from the Vatican to the commission via the Department of Justice, Equality and Law Reform, the relevant line Department. It is stated clearly in paragraph 2.23 of the report that the commission decided, independently of Government, not to proceed further by means of diplomatic channels. I do not wish to dwell on this point but I would be less than frank if I did not say it is deeply saddening that some Members of the Oireachtas are of the opinion that the appropriate response to a report dealing with decades of dreadful cruelty to children is to indulge in mischievous and baseless political points scoring. My position has always been clear.