Commission To Inquire Into Child Abuse - Establishment and Functions

Establishment and Functions

The Commission was first established on an administrative basis in May 1999, under Judge Mary Laffoy. The first objective set for the Commission was to consider the broad terms of reference then provided to it, determine if these needed refining, and recommend to Government the powers and safeguards it would need to do its work effectively. The Commission reported to the Government in September and October 1999. The Commission to Inquire into Child Abuse Act, 2000 (the Act) was enacted on 26 April 2000. The 2000 Act followed closely the recommendations in the reports of the non-statutory Commission, and was extended by the Commission to Inquire into Child Abuse (Amendment) Act, 2005.

The Statutory Commission established under the 2000–2005 Acts had four primary functions:

• to listen to victims of childhood abuse who want to recount their experiences to a sympathetic forum;
• to fully investigate all allegations of abuse made to it, except where the victim does not wish for an investigation;
• to consider whether the way institutions were managed, administered, supervised and regulated contributed to the occurrence of abuse and
• to publish a report on its findings to the general public, with recommendations to address the effects of abuse on those who suffered and to prevent future abuse of children in institutions.

A "child" was defined to be anyone under the age of 18, an "institution" was any place where children were cared for other than as members of their families, and four types of abuse were included in the Commission's mandate:

• Physical abuse – infliction of, or failure to prevent, physical injury to the child.
• Sexual abuse – the use of the child for sexual arousal or sexual gratification.
• Neglect – failure to care for the child which risks or causes serious impairment or serious adverse effects.
• Emotional abuse – any other acts or omissions towards the child which risk or cause serious impairment or serious adverse effects.

The Commission worked through two complementary teams. The "Confidential Committee" provided a private forum for witnesses to "recount in full the abuse suffered by them in an atmosphere that is sympathetic to, and understanding of, them, and as informally as is possible in the circumstances." . This committee’s report was not permitted to identify witnesses, or persons against whom they made allegations, or the institutions in which they alleged they were abused. There was "no opportunity for anyone involved to challenge the veracity of the statements made."

The "Investigation Committee" on the other hand heard evidence from witnesses who wished to have their allegations investigated. For this reason, respondents from Religious Orders and others could also give evidence and might be compelled to attend and/or produce documents required by the Committee. All parties were entitled to legal representation and to cross examine. 26 public hearings were held in 2005 and transcripts published, but most hearings were held in private.