Chapter 1 — Establishment of the Commission

The structure of the Commission

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.

The term ‘institution’ was defined by the legislation to include: a school, an industrial school, a reformatory school, an orphanage, a hospital, a children’s home and any other place where children are cared for other than as members of their families.21

The ‘relevant period’ of the inquiry was from 1940 to 1999, but the Commission had power to extend it in either direction. The Commission exercised this power for the Investigation Committee by extending the beginning of the period back to 1936, by a decision of 26th November 2002. The relevant period for the Confidential Committee was determined to be between 1914 and 2000, being the earliest date of admission and the latest date of discharge of those applicants who applied to give evidence of abuse to that Committee.

The Third Interim Report set out the history of the Commission from its inception as a statutory body in 2000 to the suspension of the operations of the Investigation Committee and the resignation of Ms Justice Laffoy which was announced in September 2003. Ms Justice Laffoy stood down on 12th January 2004 (see Appendix II).

Appointment of new chairperson to the Commission

On 26th September 2003, the Minister for Education and Science announced the appointment of Mr Sean Ryan S.C. as chairperson designate of the Commission to succeed Ms Justice Laffoy. The Government requested Mr Ryan to undertake his own independent review of the Commission and to make all necessary recommendations having regard to: the interests of victims of abuse the requirement to complete the Commission’s work within a reasonable timeframe, which would be consistent with the needs of a proper investigation so as to avoid exorbitant costs.

Mr Justice Ryan furnished his review of the workings and procedures of the Commission in November 2003.

In summary, he concluded that there were major problems facing the Investigation Committee. If it were to continue unchanged, there would be no prospect of its work being completed within a reasonable time and at an acceptable cost. He suggested a number of changes that were needed to overcome the problems: Amendments to the 2000 Act so as to focus the Investigation Committee on its core function, which was to inquire into abuse of children in institutions. Changes to procedures which would enable allegations to be heard in logical units for hearings (Modules). Publication of interim reports as the work proceeded. Establishment of ‘trust’ between the parties as to the fairness of the hearings.

The work of the Investigation Committee was suspended from September 2003 until March 2004. Judgment was awaited in a High Court action brought by the Christian Brothers. This case sought judicial determination, inter alia, of the constitutionality of the Investigation Committee’s approach to making findings of abuse against elderly or deceased Brothers or those who could not properly answer the allegations.

The work of the Investigation Committee post-2003

The work of the Confidential Committee continued throughout this time.

The Investigation Committee began in March 2004 to engage in widespread consultations, to see if an agreed way forward could be found. The aim was to accommodate the 1,712 complainants who had come forward by that time, together with respondent witnesses, within a reasonable timeframe.

The Investigation Committee’s legal team met with representatives of over 20 special interest groups representing complainants, and no consensus emerged.

The legal team explained to the groups the practical and logistical problems the Investigation Committee would face if every single person who complained to it were to be heard. The representatives were opposed to any form of selection of witnesses, even though they had no solution to the problems that the requirement to hear every witness imposed.

The Investigation Committee also met the solicitors representing complainants. A further complicating factor was that not all firms of solicitors were willing to communicate with the legal team as a collective group. This may give some idea of the difficulties that the Investigation Committee faced in trying to get the Inquiry restarted.

The Committee also had meetings with different groups representing respondents against whom allegations of abuse had been made, to apprise them of the situation, to seek agreement, and to invite their suggestions.