Abuse hearings aimed at healing as well as probing

Childhood abuse in institutions which were, in the main, run by religious organisations and financed by the State, is one of …

Childhood abuse in institutions which were, in the main, run by religious organisations and financed by the State, is one of the most emotive and complex issues the Government has had to deal with.

When the extent of the abuse was revealed in RTE's States of Fear documentary last May, the Taoiseach apologised on behalf of the State and promised to make amends. The commission was a cornerstone of that promise, which also included the provision of counselling and the amending of the statute of limitations.

The legislation amending the statute of limitations will shortly come before the Seanad, but it has not fully met the demands of victims and their representatives. It is likely to be further amended when it is presented by the Minister for Justice.

Counselling has also been slow in coming. The shortage of qualified counsellors, the issue of their independence - perceived or otherwise - from the religious orders, and the role of the health boards, have all combined to make access to acceptable counselling difficult for many victims.

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However, the Commission on Childhood Abuse appears to be a genuine attempt to meet the needs of victims. While some may be unhappy that more of its proceedings will not be in public, the creation of two strands is an ingenious and imaginative device to combine its inquisitorial and healing functions.

When dealing with one strand, victims will be able to recount their experiences in a sympathetic environment, without having to deal with the trauma of cross-examination by the legal representatives of those accused of abuse.

There will be a presumption that they are telling the truth - a crucial factor in victims coming to terms with their experiences, according to experts. Because of the lack of cross-examination, these stories will not meet the legal requirements for proven evidence - so specific allegations will not feature in this strand's report. However, the committee hearing these stories will be able to make general observations, which will be taken on board by Ms Justice Laffoy in her final report.

The other strand of the commission will be more like the inquiries we are familiar with - with one important difference. At least some of their proceedings will be in private.

This will be for legal reasons. There might be difficulties in terms of fair procedure if some alleged perpetrators were named in the victims' strand, to be held in private, and others were named in the fact-finding strand, if it were held in public.

However, this strand will have the power to require the production of documents and subpoena witnesses. Those who appear before it will have full rights to representation. It is hoped it will be able to make findings about where responsibility for the abuse lay.

The commission is headed by Ms Justice Mary Laffoy, who early on won the trust and support of the victims. While criticising the Government at various stages, they have had nothing but praise for the way she has dealt with the matter.

When the commission was set up, its first task was described as making recommendations to the Government on its powers and terms of reference. It is likely, therefore, that the legislation as now drafted reflects what the commission feels is necessary.

Ms Justice Laffoy has been a High Court judge since 1995. She came to public prominence last year when she gave a judgment that a baby, known as "Baby A", was in the illegal custody of a couple who were hoping to adopt her. The baby was returned, but the case proved controversial when it emerged that the couple ran an anti-abortion pregnancy counselling service called the Addams Agency.

The other commissioners are Dr Imelda Ryan, a consultant child and adolescent psychiatrist, who specialises in child sex abuse, and Mr Bob Leis CBE, a former director of social services in England.

Because of the division of the commission into two strands, it is likely that its membership will be increased. New members are also likely to be drawn from child psychiatry and the social services.