'Committees of inquiry' backed by Government

The Government has approved the heads of a Bill under which "committees of inquiry" will be set up to investigate matters of …

The Government has approved the heads of a Bill under which "committees of inquiry" will be set up to investigate matters of significant and urgent importance.

The scheme of the Bill was brought to Cabinet this week by the Minister for Justice, Mr McDowell.

Last December he announced he had initiated its preparation in response to "public concern expressed following the RTÉ Prime Time programme into the handling by the Roman Catholic Archdiocese of Dublin of allegations of clerical child sex abuse".

Prior to that announcement, he had met representatives of victims' organisations, a delegation of Catholic bishops made up of the Catholic Primate and Archbishop of Armagh, Dr Seán Brady, the Bishop of Kerry, Dr Bill Murphy, as well as the Auxiliary Bishop of Dublin and Apostolic Administrator of Ferns diocese, Dr Eamonn Walsh.

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He also met members of the Conference of Religious of Ireland (CORI), representing the religious orders.

It is expected the new committees of inquiry will provide a more speedy and cost-effective response where important, detailed and focused investigations are called for. They will encourage voluntary co-operation, but will also have extensive powers to deal with circumstances where that co-operation is not forthcoming.

On details of his proposals, the Minister has said a committee of inquiry would be set up when called for, and be made up of a membership relevant to the matter being investigated. Its emphasis would be on establishing the facts. Evidence could be taken in private and on a voluntary basis.

However, the inquiry would be able to compel witness to attend, and to require them, under oath, to answer questions. Witnesses can also be cross-examined. It will have powers to ensure full access to documents; to enter and search premises; and to seize documents. It will also be able to make determinations as to confidentiality and where issues of privilege may arise.

Reports at the end of an inquiry will normally be published, but provision will be made to protect the identity of witnesses and relevant facts where this is in the public interest and serves the interests of justice.

Where necessary, as when there is a serious conflict of evidence, this inquiry can be followed up by a full tribunal. Evidence collated by the inquiry would then be available to such a tribunal.

Mr McDowell has said this new type of inquiry will help address current public concern at the length, effectiveness and costs of inquiries and investigations.

Earlier this month the Minister told the Dáil he believed this form of inquiry "could provide a means of examining the systems, practices and structures in place within the Catholic Church for the handling of allegations and complaints, as well as their response to them.

"In order to do this it may be sufficient for an investigation to focus on a particular area or region, rather than an investigation covering the whole State."

He stressed that "the new procedure, if applied to cases of clerical sex abuse, will not replace or interfere with the ordinary processes of the criminal law for the investigation and prosecution of offences".

His proposals would not be confined just to investigating clerical sex abuse.

Meanwhile, the former mayor of Clonmel, Mr Michael O'Brien, has said he is seeking a meeting with Mr McDowell to discuss quashing the criminal records of all those who suffered abuse at State-run residential institutions.

Mr O'Brien, a member of the Right to Peace victims' group and who, along with his four brothers, was sent to St Joseph's Ferryhouse in Clonmel during the 1940s, said many of the offenses committed by victims were done out of desperation.

Patsy McGarry

Patsy McGarry

Patsy McGarry is a contributor to The Irish Times