Letters: summary
December 5th, 2002: Letter from Minister
for Education, Mr Dempsey, to the commission
Mr Dempsey says the Government had agreed in principle to more resources for the commission, as requested, and that a review of the commission's functions would commence immediately.
He says entitlement to legal fees for parties represented will be reviewed and that new commission staff should be appointed on a short-term contract to allow for any changes in the commission's work after the review is completed in February, 2003.
December 6th, 2002: Ms Justice Laffoy to the
Department of Education
Ms Justice Laffoy says the commission feels it has been put in an "impossible position" due to uncertainty over the future functions of the commission following the Government's review.
She also says that it is assumed it was not the Government's intention to "trench on the statutory independence" of the commission or the discretion of its investigation committee.
If the commission presses ahead, she says it would be open to criticism that it incurred huge and ultimately unnecessary public expense, worth perhaps tens of millions of euro. If it does not press ahead, she says it is open to criticism that it is not complying with its statutory obligations.
Ms Laffoy says the commission could suspend its activities, via "simple" enabling legislation, which would solve the extreme difficulties.
December 13th, 2002: Secretary general of the Department
of Education, Mr John Dennehy, to Ms Justice Laffoy
Mr Dennehy says the proposed review will consider using statistical samples of abuse to speed up the work and keep costs of the commission down.
He says the review is not seeking to interfere with the statutory independence of the commission and it is not a legal option, at present, to suspend the work of the commission's investigative committee.
July 4th, 2003: Mr Dempsey to Ms Justice Laffoy
Mr Dempsey says the review has been completed, but that the Government has decided to embark on a second review likely to result in substantial changes and asks the commission for information, to form part of the second review.
July 10th, 2003: Ms Justice Laffoy to Mr Dempsey
Ms Justice Laffoy says, on the basis of legal advice, the commission's investigative committee cannot conduct evidential hearings or issue discovery directions, and has ceased to do so since December 2002. She says a public announcement should be made by the Government, outlining the nature of the review.
July 15th, 2002: Mr Dempsey to Ms Justice Laffoy
Mr Dempsey says the review will not limit the commission in relation to investigating any Department of Education responsibility for abuse in institutions.
July 25th, 2003: Ms Justice Laffoy to Mr Dempsey
Ms Justice Laffoy says that, notwithstanding the Minister's assurances, the commission is being hampered in advancing its inquiry into the responsibility of the State for abuse in institutions, due to a number of legal reasons.
July 28th July, 2003: Ms Justice Laffoy to Mr Dempsey
Ms Justice Laffoy issues report requested on July 4th to the Minister and Attorney General.
August 18th, 2003: Ms Justice Laffoy to Mr Dempsey
Ms Justice Laffoy expresses surprise that no public announcement of the Government's review of the commission has been made.
August 18th, 2003: Mr Peter Baldwin, assistant secretary, at Department of Education, to Ms Justice Laffoy
On Mr Dempsey's behalf, it is explained that an announcement, due in a week or 10 days, has been delayed due to individuals being on holiday.
August 19th, 2003: Ms Justice Laffoy to Mr Dempsey
On behalf of the Commission, Ms Laffoy says it is crucial that anyone making allegations or facing allegations is informed of the review.
August 28th, 2003: Mr Dempsey to Ms Justice Laffoy
Mr Dempsey sends Ms Justice Laffoy a draft press release on the review, to be announced on September 1st.
August 29th, 2003: Ms Justice Laffoy to Mr Dempsey
Ms Justice Laffoy says, on legal advice, it would not be appropriate to engage in any other consultation in relation to the further review of its remit.
September 2nd, 2003: Ms Justice Laffoy to Mr Dempsey
Ms Justice Laffoy resigns, citing a two-year delay in the
establishment of the Redress Board by the Government, due to protracted negotiations on the level of contribution of religious orders to the compensation scheme.
Compiled by Carl O'Brien