Miss Justice Laffoy has strongly criticised the Government, the religious congregations and lawyers in the third interim report of the Commission into Child Abuse, published yesterday.The report
Miss Justice Laffoy, whose resignation as chair of the commission came into effect last month, said her report endeavoured to explain to witnesses and the public in a fair and balanced way why, three and a half years after it was established on a statutory basis, it has not yet got answers for them or for the public.
Miss Justice Laffoy said the commission's problems have largely emanated from external factors, including the attitude of the survivors' solicitors to the issue of compensation and the attitude of the legal representatives of the various parties involved in the process to the State's liability for the costs of legal representation.
She said the commission, particularly since early June 2002, had been devoid of any real independent capacity to perform its statutory functions. The commission's ability to perform those functions was jeopardised as the organs of State did not make the necessary decisions or do not make them expeditiously.
Specifically she said the Department of Education and Science had not adopted a constructive approach to dealing with its role in the inquiry.
Miss Justice Laffoy acknowledged the enormity of the task which the Department faced when it came to the discovery of documents required by the committee.
But she said for over two years the investigation committee asked the Department to fulfil its statutory obligations in relation to complying with discovery directions clearly, both in correspondence and at procedural hearings.
"Despite this, as of now, the direction issued on 10th March, 2003 has not been properly complied with and the Department has been directed to make further and better discovery."
On December 5th last there was a private hearing of the investigation committee on the matter, at which counsel for the Department and the committee made submissions.
On December 10th last the committee issued a ruling "that there had not been proper compliance with the direction (for discovery, by the Department) and directed that further and better discovery be made by 28th February, 2004". Miss Justice Laffoy was also critical of the level of co-operation the investigation committee received from the religious congregations.
Acknowledging the right of the congregations to defend allegations, she said it had been the experience of the committee that, in general, "the approach of the congregations has been to require strict proof of facts alleged by complainants".
She said it was the view of the committee that if the congregations have a genuine desire to cooperate with the committee, they could do so "without prejudicing their position".
As an example, she suggested they "could admit any matter of indisputable historic fact" or, if they are aware abuse had occurred, "rather than put the committee on strict proof of the facts, they could admit the facts".
Currently there were "very few complaints being admitted by the congregations" and "the vast majority of complaints are being contested".
Laffoy's final interim report: main points
The commission has been "devoid of any real independent capacity to perform its statutory functions".
The Department of Education and Science "has not adopted a constructive approach to dealing with its role in the inquiry".
If the congregations "have a genuine desire to co-operate with the \ committee, they could do so without prejudicing their position . . . they could admit any matter of indisputable historic fact".
Problems besetting the commission include "the attitude of the survivors' solicitors to the issue of compensation and the attitude of the legal representatives of the various parties involved . . . to the State's liability for the costs of legal representation".
The confidential committee, which heard testimony from 771 complainants by October 2003, should complete its work by May 2005.
The investigation committee is addressing 2,101 complaints relating to 267 institutions and foster care.
Seventy-three per cent of complainants are men, 27 per cent are women.
Sixty-seven per cent of complainants are over 50.
Thirty-six members of religious congregations are facing more that 20 allegations each.
Eighty-seven per cent of all complaints being investigated relate to institutions run by religious congregations.
Legal costs for preparation and submission of complainants' statements ranged between 4,053 and 11,228.
Legal costs for preparation and submission of respondents' statements ranged between €732 and 9,025.
Commission's own costs (personnel, witnesses expenses etc, administration) to November 2003 - 10.96 million. (Does not include expert witnesses' fees for its vaccine trials division).
