Progress of the Commission to Inquire into Child Abuse, the McCullough Inquiry and the Ferns Inquiry.
Commission to Inquire into Child Abuse
The Commission to Inquire into Child Abuse was set up in 2000, by the then minister for education Dr Michael Woods. It followed from the Taoiseach Mr Ahern's apology in May 1999, on behalf of the State, to former residents at reformatories and industrial schools in Ireland. That apology was delivered shortly before the last of RTÉ's three- part States of Fear series was broadcast.
The commission was set up to investigate physical, sexual, emotional abuse and neglect of children in orphanages, industrial schools, reformatories, hospitals, children's homes, day or boarding schools, and in foster care in this State. It has two committees, the confidential committee and the investigation committee, whichare independent of one another.
The confidential committee hears the stories of former residents' experiences in private. To date, 1,000 former residents have been before it.
The investigation committee inquires more deeply into allegations and conducts some of its hearings in public. This does not apply however where evidence to this committee from former residents in institutions is concerned. It can compel those accused of abuse to attend and can compel the production of documents. In total, the investigation committee will be inquiring into 62 institutions. The commission's final report will only name abusers who have been convicted in the courts. Former residents may appear before just one of these committees.
Redress Board
The board was set up at the instigation of then minister for education and science, Dr Woods, under the Residential Institutions Redress Act, 2002, "to make fair and reasonable awards to persons who, as children, were abused while resident in industrial schools, reformatories and other institutions subject to State regulation or inspection". It is "wholly independent" and chaired by Mr Justice O'Leary, a judge of the High Court.
All applications to the board are treated in confidence and all its hearings are in private. If an applicant accepts the board's award he/she may not pursue the same case in the courts.
To date the board has dealt with over 4,000 cases, out of an anticipated 6,500 to 7,000, with applications increasing by a steady 50 a week, or thereabouts. Currently it is estimated the cost of claims to the board could be between €€500 million and €€540 million. Average claims are some €77,000, down from an average €80,000 last year.
Controversially, it is not necessary for an alleged abuser to have been prosecuted or convicted of any criminal offence in connection with the alleged abuse for a former resident to be successful in applying to the board. There have been many suggestions that, as a result, false applications have been made to the board, some successfully.
Ferns Inquiry
This inquiry was set up in March 2003 by the Minister for Health and Children, Mr Martin, as a private non-statutory inquiry into the handling of complaints of child sexual abuse involving Catholic priests in, or under, the aegis of the diocese of Ferns. It is examining the response from both Church and public authorities to complaints.
It followed a preliminary inquiry conducted in 2002 by Mr George Birmingham SC, and set up by Mr Martin in April 2002, following the broadcasting of Suing the Pope, a BBC documentary on clerical sex abuse in Ferns.
It is chaired by the retired Supreme Court judge, Mr Justice Frank Murphy. Commissions of Investigation
The Commissions of Investigation Act was passed by the Dáil in July this year and followed an announcement in October 2002 by the Minister for Justice, Equality, and Law Reform, Mr McDowell, that he planned to set up a new form of flexible inquiry. That followed the RTÉ television Cardinal Secrets programme, which exposed extensive mishandling of clerical child sex abuse cases in Dublin's Catholic archdiocese.
Currently terms of reference are being prepared under the Act for an inquiry into the Dublin archdiocese. It is expected to be conducted in private, but there is considerable behind-the-scenes pressure to have at least some of its hearings in public. This inquiry will also have flexibility to investigate other dioceses in the State, should that prove necessary.
The commissions have powers to compel attendance and the production of documents. They may also enter and search premises, seize documents, and make determinations where privilege is claimed over information or documents. It will be an offence to obstruct the commissions, to fail to comply with their directions, or to give false evidence.
The Archbishop of Dublin, Most Rev Diarmuid Martin, said that since 1954, 59 priests of the Dublin archdiocese have had allegations of abuse made against them. The figure included false allegations, he said.
Of the 59, seven had been convicted in the courts, to date, while 18 were deceased.
McCullough Inquiry
This inquiry was set up by the 17 trustee-bishops of St Patrick's College, Maynooth in June 2002, following allegations surrounding the conduct of former college president, then Monsignor Mícheál Ledwith. It was conducted by Mr Denis McCullough SC.
Central to the McCullough Inquiry were claims that in 1983/1984 six senior seminarians at the college approached nine trustee-bishops there to complain about alleged sexual impropriety involving junior seminarians and Dr Ledwith, then its vice-president.
They later approached then senior dean at the college, Father Gerard McGinnity, who made representations to the bishops but was persuaded to take a sabbatical year. He was then told he would not be returning to Maynooth and was appointed curate in Armagh diocese. Dr Ledwith was appointed president of St Patrick's College.
In June 1994 Dr Ledwith left Maynooth prematurely, having paid money to and concluded a confidential agreement with a seminarian who claimed he had been sexually abused by him as a minor.
Father McGinnity, and a majority of the former seminarians involved, did not co-operate with the McCullough Inquiry.
However, they did co-operate with the Birmingham investigation and the Ferns Inquiry. It is understood Mr McCullough's report is completed, but a publication date remains elusive.