Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the contributions of Senators Wilson, Grace O'Sullivan, Coffey and Ó Donnghaile. This is an important issue and, as Senator O'Sullivan said, it is an emotive one. I very much agree with Senator Coffey that it is unfortunate, to say the least, that we are in this House again debating another element of this country's dark history of failing to properly respond to child sexual abuse. Down through the decades, child sexual abuse has been prevalent throughout society. It was kept secret and hidden through fear, inaction and, in many respects, abuse of power.

As I said earlier, the commission is being established to investigate the way complaints or allegations made to the Garda about Bill Kenneally were handled. It will look at what gardaí knew, when they knew it, what they did and whom they told. If necessary, the commission will also investigate the responses or actions of a number of identified bodies or persons - the former South Eastern Health Board, those in Basketball Ireland, the monsignor of the Waterford diocese, and any political figures who may have been told either formally or informally of the activities of Bill Kenneally.

The Commissions of Investigation Act 2004 sets out a number of procedural steps for the setting up of a commission. Section 3(1) of that Act provides that following a proposal made by a Minister and with the approval of the Minister for Public Expenditure and Reform, "the Government may, by order, establish a commission to ... investigate any matter considered by the Government to be of significant public concern ...".

The Government is of the view, and I believe the vast majority of Members of this House will agree, that it is necessary to set up a commission to investigate and report on the matters of public concern, as set out in the statement of reasons. The commission will be located in accommodation sourced by the Office of Public Works at Tom Johnston House in Beggar's Bush, Dublin 4. This is where persons will be invited to appear before the commission and give evidence before the sole member.

There is a process under way to identify suitable senior counsel, junior counsel and a solicitor to assist the work of the sole member and the administration of the commission. Other administrative provisions have been put in place to allow the commission to begin its work as expeditiously as possible once the order to establish the commission is approved by both Houses of the Oireachtas and the terms of reference are formally set by Government.

While there is a methodology in place to set fees for senior counsel, junior counsel, solicitors and the sole member, it is difficult to estimate with any real accuracy the amount of third party costs that may be incurred, including legal representation for witnesses before the commission. Based on experience gained from previous commissions of investigation, the cost of this commission is estimated to be approximately €1.3 million. This figure is sanctioned by the Department of Public Expenditure and Reform and I know that Judge Hickson, those appointed to the commission and my own officials will monitor this budget very closely to ensure that any costs incurred are reasonable and appropriate in each and every circumstance.

I pay tribute to the brave men who, in late 2016, came to the then Tánaiste and Minister for Justice and Equality with their harrowing stories. These men have suffered for almost 30 years but bravely chose to break their silence. Now they want the truth, but there is the matter of whether action could or should have been taken earlier. I welcome Mr. Clancy and Mr. Power to the Gallery. It is my sincere hope this commission will get to the truth of all of the issues raised by them and their colleagues and reflected in the terms of reference.

It would not be right or fair to the organisations or persons who would be subject of the commission's inquiries to prejudge any matter that might come before the sole member. However, it is fundamentally important that these allegations of inaction, secrecy and collusion are properly investigated and, if found to be true, that they be fully exposed. In modern Ireland there can be no more hiding of such insidious crimes.

I hope the work of this commission and the improvements I am committed to implementing in respect of the rights of victims in sexual abuse cases can act as a beacon to those living in fear and those who remain afraid to speak out against their abuser, be that a family member, family friend or complete stranger. I say to all those persons that we are here to listen, we are here to help and we are here to act accordingly.

The Cabinet has approved and noted the documents which have been laid before the House today. I ask that Members respect the opinions of survivors of abuse committed by Mr. Kenneally. They have approved the terms of reference as the most expedient, transparent way to get to the truth of what was known and by whom about Mr. Kenneally's offending behaviour in the mid to late 1980s.

I thank the officials seated behind me for their work and diligence in prioritising this issue which has been complex and difficult.I acknowledge what Senators have said in that regard. I ask the House to approve the order to establish the commission of investigation into these issues.