An outline scheme which would replace most tribunals of inquiry has been given the go-ahead by the Government. The new scheme will initially be directed towards an inquiry into the handling of allegations of clerical child sex abuse, but it is intended for general use in the future.
Ten different inquiries, of various types, were in operation this year, and in recent years tribunals of inquiry have cost the taxpayer close to €60 million. There has been a growing demand for a way of answering the questions raised by tribunals in a more cost-effective way.
The Minister for Justice was yesterday given approval to draw up detailed proposals for legislation for a new type of investigative body. In its powers, it will resemble the existing High Court inspectors who can be appointed under the Companies Acts, on the application of the Minister for Enterprise and Employment, to inquire into likely breaches of these Acts.
Mr McDowell said yesterday he was proposing that a special investigation body could be set up, on the recommendation of a minister, when a situation demanding this arose. Such a body would encourage voluntary co-operation, but would have extensive powers to compel witnesses, if necessary. These witnesses would be obliged to give evidence on oath. There would also be powers to order the production of documents and to enter buildings, search them and seize documents.
The investigation body will not necessarily be headed by a judge, or indeed by a lawyer. Other professions might provide both the chairman and the personnel, depending on the type of investigative work involved and the matter under investigation.
Because its work would be carried out in private, those appearing before it would not need lawyers to uphold their right to their good name. While they would be entitled to bring lawyers with them, they would be unlikely to have their legal costs reimbursed.
The emphasis will be on establishing the factual situation in relation to the matter which is referred to the investigation body. The Minister envisages that this fact-finding process will, in many cases, be sufficient, and will lead to publication of a report. Provision will exist for protecting the identity of witnesses, where necessary.
However, in some instances it may still be necessary to have a full tribunal of inquiry. This is likely to arise where there is a conflict of evidence between different people or institutions. All evidence collected by the investigation body would be available to the tribunal, which would lessen the time and cost.
The new type of investigation will initially be employed in relation to allegations that the Catholic Church did not act appropriately when confronted with claims of clerical sex abuse. These allegations were made in an RTÉ Prime Time programme on the handling of such claims by the Roman Catholic Archdiocese of Dublin.
Mr McDowell has been discussing his proposals with representatives of the Catholic hierarchy and with victims. He said yesterday that this type of inquiry would be particularly appropriate where the matter under investigation was of a very personal or sensitive nature.
His proposals have been welcomed by Mr Colm O'Gorman, director of the One in Four victims' group.
In a statement following yesterday's Cabinet meeting, Mr McDowell said that the proposals were aimed at providing a more cost-effective and speedy response where a detailed and focused investigation was required.
The director-general of the Law Society, Mr Ken Murphy, welcomed the proposals. "If this works, it would be in the interests of everyone, including the legal profession," he said. "One of the biggest disasters to befall the legal profession has been the tribunals, with huge fees for a few, but a cost to the profession as a whole in terms of public cynicism."