The Laffoy Commission to Inquire into Child Abuse has been thrown into disarray following the decision of its chairwoman, Ms Justice Mary Laffoy, to resign and the suspension by the commission of the work of its investigation committee.
The unexpected developments followed a statement from the Minister for Education and Science, Mr Dempsey, that he had ordered a further review of the commission's investigation committee and that he was planning amending legislation.
A letter announcing Ms Justice Laffoy's decision was sent to the Secretary General of the Government, Mr Dermot McCarthy, yesterday. A spokesman for the Department of Education told The Irish Times last night that the Government would respond in due course.
There was strong reaction to the developments last night by groups representing victims of abuse in residential institutions and by the Opposition parties.
Both Fine Gael and Labour demanded a full statement on the matter from the Minister for Education, Mr Dempsey, and asked what the implications would be for the commission's work.
Ms Christine Buckley of the Aislinee group said she was "devastated" while Mr Colm O'Gormon of the One in Four group expressed "despair and disappointment".
The commission said its decision to suspend the work of its investigation committee came in the light of the planned Government move, which would mean that "some of the evidence it was now collecting would cease to be material to its remit".
This committee is one of two in the commission. It is attempting to establish what abuses of children took place in residential homes, by whom and against whom.
A second committee, the confidential committee, hears accounts of abuse from victims, and alleged perpetrators do not contest these accounts or attempt to defend themselves at this committee. Its work will continue, according to the commission.
In her letter to the Government, Ms Laffoy announced her intention to resign as soon as the report on the commission's work under its present mandate is complete.
A statement on the commission's website says this letter has been sent, but does not disclose the reasons for her resignation.
However, the commission's work has been beset by delays and uncertainties since it was established in 2000, and the chairwoman has expressed dissatisfaction on a number of occasions.
There were many months' delay in the investigation committee beginning its work because the Department, under the then Minister, Dr Michael Woods, did not clarify what legal representation it would support for victims, or whether they would have to go to court as well as appear before the commission in order to get redress. These issues were eventually resolved.
Last December, the Government announced it was carrying out a review of the commission, when it emerged it could take 11 years to complete its work, by which time many of the victims might be dead.
Yesterday Mr Dempsey further elaborated on this, explaining that the outcome of a legal challenge to the commission's investigation committee from the Christian Brothers could affect how it operated. New legislation would have to take this judgment into account, he said.
Mr Dempsey suggested that the Commission would not complete its work for up to 11 years if it continued as currently established.
The Christian Brothers have challenged the commission in the High Court on two main issues: the constitutionality of the investigation committee, and the fairness of it examining allegations which were very old, where many witnesses or potential witnesses might be dead or infirm.
Whatever the outcome of this High Court case, the judgment is likely to be appealed to the Supreme Court. This will further delay any planned amending legislation.
"It seems clear that, while no final decision has yet been made as to the precise alterations proposed to the Commission's Terms of Reference, some significant changes are being considered," the statement said.
"It seems highly probable that the work of the Investigation Committee will be altered in a way which will mean that some evidence now relevant will cease to be material to that Committee's remit.
"In those circumstances the Investigation Committee has decided that, for legal, practical and financial reasons, it would be wrong to continue with the gathering and assessment of evidence (including discovered material) some of which is likely to fall outside the scope of being relevant to the task which it will ultimately be asked to complete.
Abuse inquiry beset with problems; Commission's statement; Statement issued on behalf of Ms Justice Laffoy: page 6; reaction: page 7