Abusers who give evidence to the Commission to Inquire into Child Abuse will not be immune from prosecution, contrary to the claims of some victims' groups, the commission's chairwoman stated yesterday.
Opening the inquiry's first public sitting, Ms Justice Laffoy said it was clear from newspaper reports there was "widespread misunderstanding" of a provision under the Child Abuse Act 2000 which prevents any evidence given by witnesses to the commission being used in future court cases.
This provision, she said, was normal in situations where witnesses were compelled to answer questions even if they feared their answers might be incriminating.
She stressed: "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."
Also, "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".
But her assurances failed to satisfy some victims who complained it meant that abusers and institutions would not be held accountable for their actions. Mr John Kelly, co-ordinator of Survivors of Child Abuse, said the inquiry would merely serve as "a depository for paedophile secrets. There will be no prosecutions resulting from this. The chairwoman has said that herself. All we will get is a report which any one of us could write now."
Worse, he said, the inquiry may make it more difficult to take criminal or civil actions against abusers, as they might argue their cases were prejudiced by incriminating evidence to the commission.
Ms Laffoy's address was disrupted by heckling. One man walked up in front of her and stood for a moment in protest. Some criticism centred on delays in counselling for survivors of abuse.
Ms Laffoy said she understood a designated counselling service would be operational from September. As it needed to be available to witnesses before they gave evidence, she said the first commission hearings would not start until then.
The commission's work has two branches, an investigative committee and confidential committee. The latter will involve gathering direct evidence from victims of abuse in a private setting. Some of this will also be done by the investigative committee, whose primarily aim will be to verify abuse cases and the causes, nature and extent.
Unlike the confidential committee, the investigative committee will hold some of its hearings in public. It will first investigate allegations of abuse and, second, the structure of institutions which gave rise to abuse. Both phases are due to be completed within two years.
The commission's remit encompasses schools, orphanages, hospitals and children's homes but not family settings, or abuse by neighbours, employers, sports coaches or group leaders in club situations.
While the commission is bound by confidentiality, it may make a disclosure to the Garda if there is a bona fide and reasonable belief that it is necessary to prevent ongoing abuse.
The commission's next public sitting will be on Thursday, July 20th, at its offices in St Stephen's Green House, Earlsfort Terrace, Dublin. Interested parties have until Friday, July 14th, to make submissions for consideration at the sitting.
