"The Government has carefully considered Ms. Justice Laffoy's letter and its implications for the Commission.
The pre-eminent concern of the Government is the interest of survivors of abuse and establishing the nature, causes, circumstances and extent of abuse in institutions, and responsibility for this abuse. Therefore, the Government at its meeting on 9 September 2003 addressed a strategy for the way forward which would facilitate the Commission to discharge its mandate.
The elements of this strategy are as follows:
(1) To legislate to adopt provisions of the completed review (dated 26 February 2003) that give additional powers to the Commission. These powers include:
(a) Power to require sworn statements which will reduce the need for lengthy and adversarial oral hearings; (b) Changes in the laws of evidence in the context of this Commission, so that documents are admitted in evidence, which again will reduce the number and length of oral hearings; and (c) Changes in procedures that can shift the cost burden onto parties who conduct themselves unreasonably during the Commission's investigation into abuse.
The legislation will have regard to whatever issues emerge from the current Christian Brothers' constitutional case.
(2) The legislation will provide a transitional mechanism which will ensure that evidence gathered to date can be used within the proposed new remit of the Commission.
(3) To proceed with the appointment of a new Chairperson to the Commission. This matter is being actively pursued by the Government.
(4) To consult with the Commission on the most effective way of ensuring a smooth transfer to a new Chairperson.
(5) To seek (within a three-month period) a report, from an independent and objective source, on the application of best practices to the organisation and workings of the Commission to ensure that its mandate is fulfilled within a reasonable timeframe.
(6) To take all steps necessary to expedite the conclusion of the Christian Brothers proceedings.
(7) The Government will continue consulting with the survivor groups.
This strategy for the Commission is a forward-looking process that will address past difficulties and the complications that have arisen. It aims to restore a momentum that will result in the Commission reporting on abuse in institutions within a reasonable time period in order to bring meaningful closure for survivors.
The intention behind these various initiatives is to achieve the following:
(i) To give new powers to ensure the speedier operation of the Commission.
(ii) To ensure that the Commission can fulfil its remit within a reasonable timeframe
(iii) To bring certainty and finality to the constitutional and other major legal issues (i.e., lapse of time, prejudice and delay) arising from investigating those who are elderly and the subject of allegations of abuse in respect of events that are many decades old."