Conflict over immunity for abusers

The Commission to Inquire into Child Abuse "will be like the January sales" as abusers queue up to give evidence because they…

The Commission to Inquire into Child Abuse "will be like the January sales" as abusers queue up to give evidence because they believe they will be immune from prosecution, Mr John Kelly, co-ordinator of Survivors of Child Abuse, predicted yesterday.

SOCA is one of two groups campaigning for justice for victims of child abuse. The other, the Organisation for the Healing of Victims of Institutional Abuse, has warmly welcomed the establishment of the commission. "From a therapeutic point of view, it's serving victims very well," said its representative, Ms Christine Buckley.

Yet in spite of assurances that abusers who give evidence will not be immune from prosecution - given at the opening of the inquiry on Thursday by Ms Justice Mary Laffoy, who chairs the commission - SOCA insists that the wording of the Child Abuse Act 2000 precludes this.

The Fine Gael leader, Mr Bruton, is seeking clarification on this in the Dail. He has said that he understood the evidence given before a tribunal could not be used in criminal, but only in civil, proceedings. In the case of the commission on child abuse, he said, the Bill provided that such evidence could not be used in either criminal or civil proceedings.

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Ms Justice Laffoy told the inquiry on its first day that there appeared to be "widespread misunderstanding" of the provision in the Act which prevented any evidence given by witnesses being used in future court cases.

"There is no question of any person who admits wrongdoing to the commission getting an amnesty, or any immunity from criminal or civil liability in respect of that wrongdoing.

She added: "Coming forward to give evidence to the commission will not affect the right of a survivor of abuse to give evidence of the abuse in criminal or civil proceedings in a court or before a tribunal later."