The Minister for Education, Mr Martin, appears to have devised an innovative and sympathetic response to the needs of some persons who were sexually and physically abused as children while in the care of State-funded institutions. In the nature of things, this will not satisfy the demands of all those who suffered grievously from official neglect and the attentions of abusive carers. But it goes a considerable way towards providing victims with platforms from which they can denounce their abusers or simply tell the stories of what happened to them in the hidden Ireland of the past.
The Government's Commission on Childhood Abuse will take a two-tier approach to its investigations, according to our Legal Affairs Correspondent, Carol Coulter, and legislation will go to the Government for adoption next week. One arm of the investigation will have powers similar to those of the Dail Public Accounts Committee (PAC) which examined the DIRT tax scandal. It will have the powers to subpoena witnesses, request documents and make detailed findings. Legal representation and cross-examination will be allowed and blame allocated where appropriate. Unlike the work of the PAC, however, it is intended that hearings will be in private. The second arm will cater for those persons who simply want to tell their stories. No legal representation will be provided and the cross-examination of witnesses will not be allowed in these cases, which will also be held "in camera". The findings of this body will be of a general nature.
The primary function of the Commission, under the direction of Ms Justice Laffoy, will be to provide victims with an opportunity to tell, in a sympathetic and experienced forum, of the abuse they suffered. The Commission has also been charged by the Government with establishing as complete a picture as possible of the causes, nature and extent of physical and sexual abuse of children in institutions and other places. It is expected the work will continue for two or three years.
There are a number of problems with the overall approach. The first revolves around the privacy of the childhood abuse hearings where tribunal-style powers will operate. The second involves the terms of the Statute of Limitations (Amendment) Bill, 1998, at present before the Seanad, which sets out the conditions under which civil actions for damages can be taken in relation to alleged sexual abuse. The matter of physical abuse has already been referred to the Law Reform Commission for consideration. These issues are likely to be contested by the opposition parties in the Dail and the controversial elements may be modified by the Government at a later stage.
Addressing and exorcising the dark spectres of the past, while providing some victims with a mechanism to identify the institutions and the individuals involved in sexual and physical abuse, are important developments. The reluctance of the Government to confront some aspects of its responsibility to young children who were victims of the system, is clearly rooted in concern about possible compensation costs. Such an approach is short-sighted, as should be obvious to anyone who cares to examine the background to the Hepatitis C and blood transfusion scandals. An open, generous and transparent approach is required.