The Government has several models it could follow to inquire into child sexual abuse by some priests in the Catholic Diocese of Ferns. These include:
A tribunal of inquiry under the 1921 and amending acts. The examples are numerous in recent years; Flood, Moriarty, Lindsay, McCracken and those that investigated the contamination of blood products. Under the rules, the matter must be one of urgent public importance. The Dáil lays down the terms of reference.
The Commission to Inquire into Child Abuse, headed by Ms Justice Laffoy.
Set up in May 1999 on a non-statutory footing, the Laffoy commission later became a statutory inquiry, with its own specific legislation.
In its non-statutory form, it first examined the broad terms of reference given to it, and proposed changes to the Government. In April 2000, it was given statutory powers. Since then, its powers have been extended to cover clinical trials carried out on babies and children held in institutions during the 1960s, 1970s, and vaccinations carried out between 1940 and 1987 in the same institutions.
Under its founding legislation, the commission will publish its findings directly, without reporting first to any arm of government. It may identify the perpetrators of abuse, the institutions where it occurred, and the measures that should be taken to deal with the trauma suffered by victims.
Ms Justice Laffoy has all the powers enjoyed by a court to hear evidence under privilege, compel the attendance of witnesses, discover documents, take evidence under oath and penalise people for obstruction.
The 1993 Kilkenny incest inquiry, headed by Ms Catherine McGuinness SC, who is now a member of the Supreme Court. This led to the Child Care Act and a growing acceptance by politicians and administrators that family support services have to properly resourced. A South Eastern Health Board investigation team reported to Ms Justice McGuinness.
The 1998 non-statutory inquiry into child abuse by swimming coaches attached to the Leinster branch of the Irish Amateur Swimming Association .
Its non-statutory foundation meant that it could report speedily, the Government said at the time. Mr Murphy looked at the protections in place by the IASA, their adequacy and the manner in which the association handled complaints since 1975.
The non-statutory Independent Commission of Inquiry into the Dublin, Monaghan and Dundalk bombings headed by Mr Justice Barron. It has terms of reference and is due to report to Cabinet.
So far, it has had difficulty securing the co-operation of the British Government.
The organ retention inquiry, headed by Ms Anne Dunne SC, which has terms of reference to probe the rules in place in Irish hospitals since 1970 governing organ removal, retention, storage and disposal.
Initially, it was expected that the report would be ready within six months, but the inquiry has got bogged down. The barrister will have power to identify anyone who has not co-operated in her inquiries, but she does not have power to compel co-operation.
Since the Buchanan inquiry, which led to the formation of the McCracken tribunal, and the Finlay inquiry, successive governments have been keen to hold preliminary investigations.
Last November, the Minister for Justice, Mr O'Donoghue appointed Mr Shane Murphy SC to independently review the efforts by the Garda and the Department of Justice to investigate allegations of Garda corruption and harassment in Co Donegal.
He was able to advise whether all appropriate steps had been taken and what further measures were necessary. This has led to legislation that will allow for the creation of an inquiry which will be able to hear evidence in private.
This, the Minister for Justice argued in the Dail, would ensure that current legal actions were not prejudiced.
A similar preliminary probe was undertaken by Mr Paul Gardiner SC, following the decision of the Lindsay tribunal not to investigate allegations that US drugs companies supplied contaminated blood products to the then Blood Transfusion Service Board.
