Commission to Inquire into Child Abuse Act 2000

1 Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“abuse”, in relation to a child, means—

(a) the wilful, reckless or negligent infliction of physical injury on, or failure to prevent such injury to, the child,

(b) the use of the child by a person for sexual arousal or sexual gratification of that person or another person,

(c) failure to care for the child which results 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

(d) any other act or omission towards the child which results 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,

and cognate words shall be construed accordingly;

“adviser” means a person appointed under section 24;

“Chairperson” shall be construed in accordance with section 6;

“child” means a person who has not attained the age of 18 years, and “childhood” shall be construed accordingly;

“Commission” means the Commission to Inquire into Child Abuse established by section 3;

“Committee” means, as the context may require, the Confidential Committee or the Investigation Committee or both of them;

“Confidential Committee” means the committee of the Commission established by section 10(1)(a);

“direction” means a direction under section 14, and cognate words shall be construed accordingly;

“document” includes any class or description of document or record, or data stored electronically or in any other manner and also includes thing;

“establishment day” means the day appointed under section 2 to be the establishment day;

“evidence” includes the expression of a belief, opinion or intention;

“inquiry officer” shall be construed in accordance with section 23;

“institution” includes 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;

“Investigation Committee” means the committee of the Commission established by section 10(1)(b);

“meeting” includes a sitting and a hearing;

“Minister” means the Minister for Education and Science;

“relevant period” means the period from and including the year 1940 or such earlier year as the Commission may determine to and including the year 1999 and such later period (if any) as the Commission may determine;

“serious offence” means an offence for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of 5 years or by a more severe penalty.

(2) References in this Act to abuse of children in institutions or which occurred in institutions include references to any case in which abuse of a child took place, not in an institution, but while the child was residing or being cared for in, or attending, an institution and the abuse was committed or aided, abetted, counselled or procured by, or otherwise contributed to by an act or omission of, a person engaged in the management, administration, operation, supervision or regulation of the institution or a person otherwise employed in or associated with the institution.

(3) References in this Act to the management, administration, operation, supervision and regulation of institutions include references to such management, administration, operation, supervision or regulation effected, supervised, funded or regulated, in whole or in part, by a Department of State, a vocational education committee established by the Vocational Education Act, 1930, a health board, a local authority for the purposes of the Local Government Act, 1941, or any other public body.

(4) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment is a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

2 Establishment day.

2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

3 Establishment of Commission.

3.—(1) On the establishment day there shall stand established a commission, to be known as An Coimisiún chun Drochúsáid Leanaía Fhiosrú, or, in the English Language, the Commission to Inquire into Child Abuse, to perform the functions conferred on it by or under this Act.

(2) The Commission shall be a body corporate with perpetual succession and it shall have power to sue and may be sued in its corporate name.

(3) The Commission and its members shall be independent in the performance of their functions.

(4) When the Minister is satisfied, after consultation with the Chairperson, that the Commission and the Committees have completed the performance of their functions, he or she may by order dissolve the Commission and the Committees and may, subject to the provisions of this Act, include in the order such incidental, ancillary or consequential provisions as the Minister considers necessary or expedient.

(5) When the order under subsection (4) is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

4 Functions of Commission.

4.—(1) The principal functions of the Commission are, subject to the provisions of this Act—

(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,

(ii) where it is satisfied that such abuse has occured, 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 their functions the Commission and the Committees 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 Committees shall endeavour to ensure that meetings of the Committees at which evidence is being given are conducted—

(a) 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 as sympathetic to, and as understanding of, them as is compatible with the rights of others and the requirements of justice, and

(b) as informally as is possible in the circumstances.

5 Report of Commission.

5.—(1) The Commission shall, having had regard to the reports under sections 13 and 16, prepare a report in writing in relation to the matters referred to in section 4(1)(b) (“the report”) and shall specify in it the determinations made by the Commission pursuant to that provision.

(2) The Commission may include in the report any recommendations that it considers appropriate including recommendations in relation to the action that it considers should be taken—

(a) to alleviate or otherwise address the effects of the abuse referred to in section 4 on those who suffered it, and

(b) to prevent where possible and reduce the incidence of abuse of children in institutions and to protect children from such abuse.

(3) The report—

(a) may, if the Commission is satisfied that abuse of children, or abuse of children during a particular period, occurred in a particular institution, contain findings to that effect and may identify the institution and the persons who committed the abuse,

(b) 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, as respects those functions, the persons in whom they were vested and may identify those persons,

(c) shall not identify, or contain information that could lead to the identification of, persons the subject of abuse in childhood, and

(d) shall not contain findings in relation to particular instances of alleged abuse of children.

(4) If the report contains findings that are based on findings in a report of the Confidential Committee, the report shall include a statement to the effect that the first-mentioned findings are based, solely or partly, as the case may be, on the latter findings and that the evidence on which the latter findings are based could not be tested or challenged by any person and (if it be the case) was not corroborated.

(5) (a) The report shall be published to the general public by the Commission in such manner and at such time during the specified period as the Commission may determine.

(b) In paragraph (a) “the specified period” means the period of 2 years from the establishment day or such longer period as the Government, after consultation with the Commission, may specify by order.

(c) When an order is proposed to be made under paragraph (b), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(6) The Commission—

(a) shall, not more than one year after the establishment day, prepare an interim report on such matters relating to the inquiry aforesaid or otherwise relating to its functions as it may determine, and

(b) may, if and whenever it considers it appropriate to do so, prepare other such interim reports,

and subsections (2), (3) and (4) shall apply to such interim reports as they apply to the report referred to in those subsections.

(7) A report under paragraph (a) of subsection (6) shall be published to the general public by the Commission in such manner during the year after the establishment day as the Commission may determine and a report under paragraph (b) of that subsection shall be so published in such manner and at such time as the Commission may determine.

6 Membership of Commission.

6.—(1) The Commission shall consist of a chairperson (“the Chairperson”) and such number of ordinary members as the Government may determine.

(2) The Government shall appoint a person to be the Chairperson and, after consultation with the Chairperson, persons to be the ordinary members of the Commission.

(3) Members of the Commission (other than a member who is the holder of a judicial office) shall be paid such remuneration (if any) as may be determined by the Minister with the consent of the Minister for Finance and members of the Commission shall be paid such allowances for expenses as may be so determined.

7 Meetings and procedure of Commission.

7.—(1) The Commission shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Chairperson shall fix the date, time and place of the first meeting of the Commission.

(3) A meeting of the Commission or a part of such a meeting may, if the Commission considers it appropriate, having had regard to the desirability of holding such meetings in public, be held otherwise than in public.

(4) Subject to the provisions of this Act, the Commission shall regulate, by standing orders or otherwise, the procedure and business of the Commission.

(5) The Commission may act notwithstanding one or more vacancies among its members.

(6) The Commission shall make such arrangements as it considers appropriate for the making of as complete a record as is practicable of the proceedings of the Commission and the Committees and, in relation to the custody, and the disposal (otherwise than in a manner that would contravene the National Archives Act, 1986), after the dissolution of those bodies, of the documents of the Commission or a Committee and of copies of any documents given in evidence to the Commission or a Committee.

8 Seal of Commission.

8.—(1) The Commission shall, as soon as may be after the establishment day, provide itself with a seal.

(2) The seal of the Commission shall be authenticated by the signature of the Chairperson or another member of the Commission authorised by the Commission in that behalf.

(3) Judicial notice shall be taken of the seal of the Commission and an instrument purporting to be an instrument made by the Commission and to be sealed with its seal (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown.

9 Staff of Commission.

9.—(1) The Commission may, with the consent of the Minister and the Minister for Finance, appoint such and so many persons as the Commission may determine to be members of the staff of the Commission.

(2) The Minister may, with the consent of the Commission and the Minister for Finance, second to the Commission such and so many of his or her officers as he or she may determine and the Minister for Health and Children may, with the like consents, second to the Commission such and so many of his or her officers as he or she may determine, and a person so seconded shall be deemed, for the purposes of this Act, to be, during the period of the secondment, a member of the staff of the Commission.

(3) A person appointed or seconded under this section to a position shall hold the position upon and subject to such terms and conditions as the Minister, or the Minister for Health and Children (if the person was seconded by him or her) may, with the consent of the Minister for Finance, determine, being, in the case of a person so seconded, terms and conditions not less favourable to the person than those applicable to him or her as an officer of the Minister or the Minister for Health and Children, as the case may be.

10 Committees of Commission.

10.—(1) On the establishment day there shall stand established—

(a) a committee of the Commission which shall be known as the Confidential Committee, and

(b) a committee of the Commission which shall be known as the Investigation Committee.

(2) A Committee shall consist of a chairperson and such number of ordinary members as the Chairperson may determine.

(3) The chairperson and the ordinary members of each Committee shall be appointed by the Chairperson.

(4) Each member of a Committee shall be a member of the Commission.

(5) The Chairperson shall be the chairperson of the Investigation Committee.

(6) A person may not be a member of both Committees.

(7) A meeting of a Committee may, if the Committee considers it appropriate, be held, and evidence may be received by it, outside the State.

(8) A Committee may act notwithstanding one or more vacancies among its members.

11 Meetings and procedure of Committees.

11.—(1) A Committee shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) A meeting of the Confidential Committee shall be held otherwise than in public.

(3) (a) A meeting of the Investigation Committee, or a part of such a meeting, at which evidence relating to particular instances of alleged abuse of children is being given shall be held otherwise than in public.

(b) Other meetings of the Investigation Committee or other parts of such meetings may, if the Committee considers it appropriate, having had regard to the desirability of holding such meetings in public, be held otherwise than in public.

(4) Subject to the provisions of this Act, the Commission shall regulate, by standing orders or otherwise, the procedure and business of a Committee.

(5) A Committee may invite and receive oral or written submissions.

(6) (a) A Committee may, if and whenever the Chairperson so determines, act in divisions each of which shall consist of such members of that Committee as the Chairperson may determine.

(b) There shall be a chairperson of a division of a Committee who shall be such member of the division as the Chairperson may determine.

(c) A division of a Committee shall perform, in relation to such matters as the Chairperson may determine, such functions of the committee as may be so determined and shall prepare and furnish to the Committee a report in writing of the results of such performance.

(d) A division of a Committee and its chairperson shall have, for the purposes of the performance of the functions of the division, the powers of the Committee and its chairperson, respectively.

12 Functions of Investigation Committee.

12.—(1) The principal functions of the Investigation Committee are, subject to the provisions of this Act-

(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 the Committee,