Ahern Receives Dublin Archdiocese Report
The Minister for Justice, Equality and Law Reform, Mr Dermot Ahern T.D., has confirmed that he has today received a report from the Commission of Investigation into Child Sexual Abuse dealing with the Dublin Archdiocese.
The Minister said: "I am anxious that the matters dealt with in the report are put into the public domain as quickly as possible. Equally, I am concerned that nothing should be done which would harm the prospects of the perpetrators of these horrific acts of depravity against children being brought to the justice they deserve."
The law under which the Commission was established provides that, if the Minister considers that the publication of a report from a commission might prejudice any criminal proceedings that are pending or in progress, the Minister must apply to the High Court for directions concerning publication of the report. If, after hearing the application, the High Court considers that the publication might prejudice any criminal proceedings, it may direct that the report or a specified part of it be not published for a specific period or until the court otherwise directs.
Against that background the Minister is referring the report to the Attorney General for advice on how best to proceed.
The Minister said that he is determined that this matter will be dealt with as expeditiously as possible. The Minister added: "I have also forwarding a copy of the report to the Minister for Children and Youth Affairs, Mr Barry Andrews TD."
The Minister thanked Judge Yvonne Murphy, Chairperson of the Commission, and her staff for their work.
21 July 2009
Note for Editors
Terms of Reference
The Commission of Investigation into child sexual abuse was established by the Commission of Investigation (Child Sexual Abuse) Order 2006 (S.I. No. 137 of 2006) on 28 March, 2006, with the following terms of reference:
A commission of investigation is hereby established to:
(a) select a representative sample of complaints or allegations of child sexual abuse made to the archdiocesan and other Catholic Church authorities and public and State authorities in the period 1 January 1975 to 1 May 2004 against Catholic clergy operating under the aegis of the Catholic archdiocese of Dublin;
(b) examine and report on the nature of the response to those sample complaints or allegations on the part of the authorities to which those sample complaints or allegations were reported, including whether there is any evidence of attempts on the part of those authorities to obstruct, prevent or interfere with the proper investigation of such complaints;
(c) in the case of complaints or allegations being examined, examine and report also on the nature of the response to any other complaints or allegations made by the complainant or against the person in respect of whom those complaints or allegations were made, including any such complaints or allegations made before 1 January 1975;
(d) select a representative sample of cases where the archdiocesan and other Catholic Church and public and State authorities had in the period 1 January 1975 to 1 May 2004 knowledge of or strong and clear suspicion of or reasonable concern regarding sexual abuse involving Catholic clergy operating under the aegis of the Catholic archdiocese of Dublin;
(e) establish the response of the archdiocesan and other Catholic Church and public and State authorities to those sample cases;
(f) establish the levels of communication that prevailed between the archdiocesan and other Catholic Church authorities and public and State authorities with regard to those sample complaints, allegations, knowledge, reasonable concern or strong and clear suspicion;
(g) examine, following a notification from the Minister for Health and Children that a Catholic diocese in the State may not have established the structures or may not be operating satisfactorily the procedures set out in the Report of the Irish Catholic Bishops’ Advisory Committee on Child Sexual Abuse by Priests and Religious, Child Sexual Abuse: Framework for a Church Response (1996) and any subsequent similar document, the position in that diocese;
(h) examine, following a notification from the Minister for Health and Children that a Catholic diocese in the State may not be implementing satisfactorily the recommendations of the Ferns Report delivered to the Minister for Health and Children on 25 October, 2005, the position in that diocese;
and make a report on these matters considered by the Government to be of significant public concern.
The Commission of Investigation (Child Sexual Abuse) (Amendment) Order 2009 (S.I. No. 117 of 2009) added further terms of reference for an investigation of the position in the Diocese of Cloyne.
Procedure Following Receipt of Report
Section 38 of the Commissions of Investigation Act, 2004, sets out the procedure for publication of a report.
If the Minister considers that the publication of the report might prejudice any criminal proceedings that are pending or in progress, he shall apply to the High Court for directions concerning the publication of the report (subsection (2)).
Before determining such an application, the Court shall direct that notice shall be given to the Attorney General, the DPP, and a defendant in criminal proceedings relating to an act or omission that is (i) mentioned in the report, or (ii) that is related to any matter investigated by the commission and mentioned in the report (subsection (3)).
On receiving an application from the Minister, the High Court may receive submissions, and evidence tendered, by or on behalf of any person mentioned in subsection (3); and hear the application in private if the court considers it appropriate to do so (subsection (4)).
If, after hearing the application, the Court considers that the publication of the report might prejudice any criminal proceedings, it may direct that the report or a specified part of it be not published for a specified period; or until the court otherwise directs (subsection (5)).