The Government has moved to increase the powers of the child abuse inquiry but postponed publishing plans to hear only sample cases in the investigation.
The proposals published yesterday by the Minster for Education and Science, Mr Dempsey, are based on the first review of the inquiry which was concluded last February. There was only an oblique reference to the plan to conduct sample hearings, although senior sources said these were still planned by the Government.
Such proposals are subject to the outcome of a High Court challenge to the inquiry but Mr Dempsey said all laws to give effect to the changes would be introduced by spring of next year.
The proposals unveiled yesterday were endorsed by the Government in April after the first review of the inquiry, which was completed in February. The work was conducted by officials in the office of the Attorney General, Mr Rory Brady, and by officials in Mr Dempsey's Department.
However, the Government decided days later that a second review was needed to come up with proposals that would significantly reduce the duration and legal costs of the inquiry.
Miss Justice Laffoy resigned from the inquiry when the Government disclosed last week that it was proceeding with that second review.
The Government said yesterday that it had approached an individual to succeed Miss Justice Laffoy. It will consult with the inquiry to ensure a smooth transfer of responsibilities to the new chair of the inquiry.
Publishing plans to increase the inquiry's powers, the Government said its pre-eminent concern was "the interest of survivors of abuse and establishing the nature, causes, circumstances and extent of abuse in institutions and responsibility for this abuse".
It also promised to continue its consultations with survivor groups. The increased powers will include the power to require sworn statements from witnesses. The Government said such a measure would reduce the need for lengthy and adversarial oral hearings.
The Government also proposes changes to the law of evidence in the specific case of the inquiry. The inquiry will be empowered to admit documents in evidence. In addition, the Government wants to shift the cost burden for legal representation "on to parties who conduct themselves unreasonably during the commission's investigation into abuse". The legislation giving effect to such new powers will include a transitional mechanism to ensure that evidence gathered to date can be used within the new structures.
In advance of that legislation, the Government will seek a report from an "independent and objective source" to examine how the inquiry can ensure that its mandate is fulfilled within a reasonable time frame. Work on the second review will not be finalised until the outcome of a High Court challenge against the inquiry by the Christian Brothers.
A judgment is expected soon but it is likely to be appealed to the Supreme Court. The Government said it will try to expedite the conclusion of the case.
The outcome of the case will also be reflected in the legislation to give effect to the new powers disclosed yesterday.
The second review of the inquiry was described as follows in yesterday's Government statement: "This strategy is a forward-looking process that will address past difficulties and the complications that have arisen."
The statement went on: "It aims to restore a momentum that will result in the commission report on abuse in institutions within a reasonable time period in order to bring meaningful closure for survivors."
The Government also said it wanted 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".
