Chapter 1 — Establishment of the Commission

The Commission was initially established on a non-statutory, administrative footing, with broad terms of reference given to it by the Government, which had as its primary focus the provision of a sympathetic and experienced forum in which victims could recount the abuse they had suffered. The Commission was required to identify and report on the causes, nature and extent of physical and sexual abuse, with a view to making recommendations for the present and future.

The Commission made two reports to the Government, in September1 and October2 1999, outlining how these terms of reference could be implemented, and its recommendations were embodied in the Commission to Inquire into Child Abuse Bill, 2000 which was published in February of that year. The Commission was established on 23rd May 2000 pursuant to the Commission to Inquire into Child Abuse Act, 2000 as an independent statutory body. This Act was subsequently amended by the Commission to Inquire into Child Abuse (Amendment) Act, 2005 (the Act of 2005).3 The Act of 2000 is referred to as the ‘Principal Act’.

The principal functions conferred on the Commission, as laid down in section 4(1) of the Principal Act of 2000 and as amended by section 4 of the 2005 Act, were: (1)(a)to provide, for persons who have suffered abuse in childhood in institutions during the relevant period, an opportunity to recount the abuse, and make submissions, to a Committee, (b)through a Committee— (i)to inquire into the abuse of children in institutions during the relevant period, (ia)to inquire into the manner in which children were placed in, and the circumstances in which they continued to be resident in, institutions during the relevant period, (ii)to determine the causes, nature, circumstances and extent of such abuse, and (iii)without prejudice to the generality of any of the foregoing, to determine the extent to which— (I)the institutions themselves in which such abuse occurred, (II)the systems of management, administration, operation, supervision, inspection and regulation of such institutions, and (III)the manner in which those functions were performed by the persons or bodies in whom they were vested, contributed to the occurrence or incidence of such abuse, and (c)to prepare and publish reports pursuant to section 5. (2)Subject to the provisions of this Act, the inquiry under subsection (1) shall be conducted in such manner and by such means as the Commission considers appropriate. (3)The Commission shall have all such powers as are necessary or expedient for the performance of its functions. (4)(a)The Government may, if they so think fit, after consultation with the Commission, by order confer on the Commission and the Committees such additional functions or powers connected with their functions and powers for the time being as they consider appropriate. (b)The Government may, if they so think fit, after consultation with the Commission, amend or revoke an order under this subsection. (c)Where an order is proposed to be made under this subsection, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House. (5)The Commission may invite and receive oral or written submissions. (6)In performing its functions the Commission shall bear in mind the need of persons who have suffered abuse in childhood to recount to others such abuse, their difficulties in so doing and the potential beneficial effect on them of so doing and, accordingly, the Commission and the Confidential Committee shall endeavour to ensure that meeting of the Confidential Committee at which evidence is given are conducted so as to afford to persons who have suffered such abuse in institutions during the relevant period an opportunity to recount in full the abuse suffered by them in an atmosphere that is sympathetic to, and understanding of, them, and as informally as is possible in the circumstances.

The term ‘abuse’ was defined by the legislation:4 the wilful, reckless or negligent infliction of physical injury on, or failure to prevent such injury to, the child, the use of the child by a person for sexual arousal or sexual gratification of that person or another person, failure to care for the child which results, or could reasonably be expected to result, in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare, or any other act or omission towards the child which results, or could reasonably be expected to result, in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare. The legislation governing the Commission is set out in the Appendices at Vol V.

The structure of the Commission

The Commission comprised two separate and distinct Committees which were required to report separately to the Commission as a whole: the Confidential Committee, and the Investigation Committee. Members of the Commission were assigned to one or other Committee. They could not be members of both.

The principal functions of the Confidential Committee,5 as laid down in section 15(1) in the Principal Act as amended by section 10 of the 2005 Act, were: to provide, for persons who have suffered abuse in childhood in institutions during the relevant period and who do not wish to have that abuse inquired into by the Investigation Committee, an opportunity to recount the abuse, and make submissions, in confidence to the Committee, to receive evidence of such abuse, to make proposals of a general nature with a view to their being considered by the Commission in deciding what recommendations to make and to prepare and furnish reports.6

The specific mandate of the Confidential Committee was to hear the evidence of those survivors of childhood institutional abuse who wished to report their experiences in a confidential setting. The legislation provided for the hearings of the Confidential Committee to be conducted in an atmosphere that was as informal and as sympathetic to, and understanding of, the witnesses as was possible in the circumstances.7

The Confidential Committee heard from 1,090 witnesses who applied to give oral evidence of abuse they experienced in Irish institutions. Volume III contains the part of the Report that is based on evidence received by the Confidential Committee.

The principal functions of the Investigation Committee,8 as laid down in section 12 of the Principal Act, which was amended by section 7 of the Act of 2005, were: to provide, as far as is reasonably practicable, for persons who have suffered abuse in childhood in institutions during the relevant period, an opportunity to recount the abuse and other relevant experiences undergone by them in institutions, to inquire into the manner in which children were placed in, and the circumstances in which they continued to be resident in, institutions during the relevant period, to inquire into the abuse of children in institutions during the relevant period, to determine the causes, nature, circumstances and extent of such abuse, and without prejudice to the generality of any of the foregoing, to determine the extent to which— the institutions themselves in which such abuse occurred, the systems of management, administration, operation, supervision and regulation of such institutions, and the manner in which any of the things referred to in subparagraph (ii) was done,9 contributed to the occurrence or incidents of such abuse, and to prepare and furnish reports pursuant to section 13.

The powers of the Investigation Committee10 were, inter alia: to direct the attendance of witnesses,11 to direct the production of documents,12 and to give such other directions that appear to be reasonable, just and necessary.13

The Investigation Committee also had the power: to require the discovery of documents,14 to furnish interrogatories (or questions) which must be replied to,15 and to require parties to admit facts, statements and documents.16

The evidence obtained was presumed to be prima facie evidence of the matters to which it related.17 Finally, the Investigation Committee also had the power to take evidence of a person’s conviction for abuse of a child as evidence before the Committee of that abuse.18

The Principal Act also provided penalties, similar to those applying to contempt of court provisions, for failure to comply with directions of the Committee.19

Section 13 of the Principal Act, as amended by section 8 of the 2005 Act, dealt with the report of the Investigation Committee, and provided that the report: may contain findings that abuse of children, or abuse of children during a particular period, occurred in a particular institution and may identify— the institution where the abuse took place, and the person or, as the case may be, each person who committed the abuse but only if he or she has been convicted of an offence in respect of abuse, may contain findings in relation to the management, administration, operation, supervision and regulation, direct or indirect, of an institution referred to in paragraph (a), and shall not contain findings in relation to particular instances of alleged abuse of children.

The importance of the 2005 Act was that it amended Section 1320 of the Principal Act so that the Investigation Committee could no longer identify a person it believed had committed abuse unless that person had been convicted by a court.