Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am pleased to be here to discuss this important matter. I thank members of the Business Committee for agreeing to give time to this issue in the House today, namely, the order for the establishment of a commission of investigation into the response to allegations or complaints of child sexual abuse by Bill Kenneally and related matters. As Members will be aware, I have written to the Cathaoirleach of the Seanad to respectfully ask that all Members exercise a particular level of restraint in the debate this afternoon. It is important to remember that there are criminal proceedings currently in train in respect of issues which are potentially related to an element of the commission's work. Nothing should be said here today that might, in any way, jeopardise the rights of those who have come forward and made complaints more recently to have their cases fully investigated and prosecuted. Similarly, nothing should be said here today that would jeopardise the right of anybody to a fair trial. It is imperative that we protect and respect these fundamental constitutional rights. I acknowledge the presence in the Public Gallery of some complainants. I thank them for their engagement in the setting up of the commission.

Before Members today is the order to establish the commission, with the terms of reference scheduled. Members will also have seen the statement of reasons for the establishment of the commission. It is important before going into any depth on the order and the terms of reference, that I give a brief outline of how we have reached this important point. In November 2016, the then Tánaiste, Deputy Fitzgerald, met with the survivors of sexual abuse committed by Bill Kenneally. These men, fathers, husbands, brothers and sons, had courageously come forward with their evidence of the horrific abuse inflicted on them during their childhood. Their evidence led to a conviction against Bill Kenneally and a sentence of 14 years' imprisonment. Following the meeting, the then Tánaiste commenced discussions with officials and sought the advice of the Attorney General. The Attorney General advised that, while it would be difficult to establish a commission of investigation, given a number of legal and procedural difficulties, it would not be impossible. However, extreme care would have to be taken in order that its work would not impact in any way on subsequent criminal proceedings.

In May 2017, the Government committed to setting up a commission of investigation into the response to allegations of abuse committed by Bill Kenneally. Since I became Minister for Justice and Equality later that year, I, along with my officials, have worked with the Office of the Attorney General to draft an appropriate set of terms of reference that, as far as possible, would not adversely affect any pending or ongoing criminal proceedings or further investigations. It should be noted that, relatively recently, a further 99 criminal charges have been brought against Bill Kenneally in respect of other complainants. An Garda Síochána is also investigating further allegations by new complainants. The terms of reference which are scheduled to the order are drafted primarily from information provided to the then Tánaiste by survivors of abuse committed by Bill Kenneally. A particular mention should go to Mr. Jason Clancy, who provided very detailed information about the response by the State to the allegations in the 1980s against Mr. Bill Kenneally, which forms the basis for the commission of investigation.

In April of this year, once the draft terms of reference had been prepared in consultation with the Office of the Attorney General, I met the complainants, the survivors, and their legal representatives and offered them an opportunity to comment on the draft terms of reference. They made a number of important suggestions which I considered, along with my officials, and a version encompassing a number of the proposed changes was then sent to the Attorney General for further advices. Once approved by the Attorney General, the final version of the terms of reference was sent to the survivors via their solicitor who informed my Department that they approved of the terms of reference as now drafted. I acknowledge the importance of this engagement and thank all who were party to it.

Turning to the substance of the terms of reference, the sole member will first be asked to investigate the extent of the knowledge within An Garda Síochána during a particular time period, 1985 to 1992, of the allegations against Mr. Kenneally. If information emerges indicating that the Garda was informed of the allegations against Mr. Kenneally, either before or after those particular years, then the commission is empowered to investigate that information further. Members will note that the terms contain references to An Garda Síochána, the South Eastern Health Board, Basketball Ireland, the Waterford Catholic diocese and unnamed political figures. While the allegations made by Mr. Clancy and others are primarily against An Garda Síochána, it may be necessary for the commission to investigate the acts or omissions of those other organisations, if it can be shown that An Garda Síochána passed information to them about any offences allegedly being committed by Mr. Bill Kenneally. I want to inform Members that, once the documents were laid before both Houses, my Department made contact with the named organisations, providing them with copies of the terms of reference and informing them that the commission would be in contact with them in due course.

I am happy to appoint retired Circuit Court Judge Mr. Barry Hickson as the sole member of the commission of investigation. A well-respected and experienced jurist, I am sure that Judge Hickson will carry out the work of the commission in a professional, expedient manner. I wish to inform the House that both the Attorney General and Judge Hickson have estimated that it will take the commission up to a year to report, given the potential number of witnesses to be called and the various allegations that have been made. Colleagues should also note that the commission may be required to pause its work, if requested by the Director of Public Prosecutions, where a concern exists that the matter being discussed at the commission might in any way interfere with any aspect of an ongoing criminal prosecution against Mr. Kenneally. The Director of Public Prosecutions will be monitoring proceedings and has agreed to contact my Department should any difficulties arise. I appreciate that we are somewhat tight for time so I would like to pause my comments here and will offer further information to the House regarding detailed arrangements for the commission, following statements from Members of the House this afternoon.