Despite strong opposition from victims's groups, the Government has signalled its determination to press ahead with its controversial plan to have the child abuse commission examine just "sample" cases of abuse, write Mark Brennock and Patsy McGarry
The groups representing those abused in institutions as children united yesterday to criticise the "sample" proposal, aimed at reviving the inquiry following the resignation of its chairwoman Miss Justice Laffoy.
One in Four expressed "grave concern" at the idea which it described as "fundamentally unacceptable". Ms Christine Buckley, of the Aislinn group, said it was "very offensive", while Mr Tom Hayes, of the Alliance group, was "adamant" every survivor must be given an opportunity to tell their story.
Mr Mick Waters, of SOCA (UK), felt "sampling is unjust and cannot happen. It can't be right. There's no justice in that," he said. Mr John Kelly of Irish SOCA believed "sampling can be got around", but added the Government's proposals indicated that it didn't accept that "Laffoy has been holed below the waterline".
The combined opposition of the victims' groups represents a major political difficulty for the Government, although ministers will have anticipated it during their discussions of the plan this week. Yesterday Mr Dempsey said he hoped to bring the victims' groups on board "in as much as we can".
The Taoiseach told reporters in Sligo that while he accepted Miss Justice Laffoy's criticisms that there had been delays in the work of the commission, "what I and the Government do not accept is that there was any deliberate attempt or effort by the Government in any way to frustrate the good work of Justice Laffoy or the operation of her investigation".
The Government hopes to introduce legislation next spring, based on the two reviews of the commission's operation and the ruling in the case against the commission's procedures taken by the Christian Brothers. Mr Dempsey said yesterday that once the legislation is in place, the commission could finish its work within two to three years.
The Government has already asked an individual to replace Miss Justice Laffoy as chair but has not yet received a response. In a move that may cause further friction with current staff of the commission, Mr Dempsey strongly disputed the commission's decision to suspend the operation of its investigation committee pending the outcome of the Government's second review.
He said the committee should begin operation again, as his advice was that there was no basis in law for this move. While the committee could not examine individual cases pending clarity on its remit, there was much other work it could do, he said.
Mr Dempsey said he accepted that the Government's proposals published yesterday were not "the final picture" and could be altered significantly as a result of the second review. The new legislation would include elements of a Bill whose outline was approved by Cabinet last April but then put on hold pending the second review.
These elements include giving the commission power to use sworn witness statements and documents as evidence, and allowing costs to be awarded against parties who behave unreasonably.
The legislation will also introduce a mechanism ensuring evidence gathered by the commission under its existing remit can be used within the proposed new remit of the inquiry.
The One in Four group said it did not believe sampling would "allow the commission to establish the nature or extent of abuse in institutions or establish responsibility for such abuse. We do not believe that such an approach can in any way provide meaningful justice for victims of abuse."