The names of dead people identified as being child abusers and religious institutions could be published, the Attorney General's legal representative has told the Laffoy Commission, Christine Newman reports
The Attorney General's view was that there was no Constitutional or legal reason to stop the Commission publishing the names of the dead people or the institutions as they had no rights under the Constitution, Mr James Connolly SC, for the Attorney General as the guardian of the public interest, said.
Mr Connolly, however, cautioned that there may be good reason why the Commission may be sensitive to publishing the names of living persons who might be identified as abusers. Adjudications should be made on a case by case basis and not by taking a blanket approach, he told the Commission. The Constitution did not provide protection to the rights of dead people. The protections regarding privacy and good name were for living persons only.
"An institution per se doesn't have rights under the Constitution any more than a dead person," he said.
The view was also taken by Mr John MacMenamin SC, for the Department of Education and Science, who said it was an absurdity to apply the rights inherent in the Constitution, such as the right to a good name, to deceased persons.
"We say as a matter of law the mandate is on the Commission to identify those who are guilty of abuse," he said.
Referring to others who might be affected, chairwoman, Miss Justice Laffoy asked if a finding of gross abuse was made against a member of an order and was published, was that going to affect the whole order today. Mr MacMenamin said it was recognised there may be findings which may be hurtful and cause pain. The Department was in the same position as the orders.
Miss Justice Laffoy asked what his position was on deceased officials of the Department. Mr MacMenamin said he accepted what was sauce for the goose was sauce for the gander.
"I have to accept that allegations may be made. I will seek to vindicate the interests of the Department and its officials and that includes testing the evidence of people giving evidence, of regimes, whether harsh or otherwise, of supervision and whether it had changed over time, of visits of inspectors," he said.
As far as the Department was concerned, he said, they wanted to assist in finding out about the past.