Ferns inquiry: terms of reference

a) To identify what complaints or allegations have been made against clergy operating under the aegis of the Diocese of Ferns…

a) To identify what complaints or allegations have been made against clergy operating under the aegis of the Diocese of Ferns in relation to alleged events that transpired prior to 10 April 2002 and to report on the nature of the response to the identified complaints or allegations on the part of the church authorities and any public authorities to which complaints or allegations were reported.

b) To consider whether the response was adequate or appropriate judged in the context of the time when the complaint or allegation was made and if the response to the complaint or allegation appears inadequate or inappropriate when judged by those standards to identify if possible the reason or reasons for this and report thereon.

c) To consider the response of the diocesan and other church authorities and the state authorities to cases where they had knowledge or strong and clear suspicion of sexual abuse involving priests of the Diocese of Ferns and to consider whether that response was adequate or appropriate judged in the context of the time when the knowledge was acquired or the suspicion formed.

d) Insofar as responses are seen to be inadequate or inappropriate and, insofar as it may be possible to identify explanations for that inadequate or inappropriate response, to consider whether those factors remain applicable and to what extent they have been addressed subsequently.

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e) To examine and report on the levels of communication that prevailed between diocesan and state authorities, to consider whether more appropriate norms of improved communication between the diocesan authorities and the State authorities are now desirable or practical.

f) To identify and report on any lessons which might usefully be learned from how complaints or allegations were handled in the past which will result in improved child protection.

g) To identify and report on any difficulties or shortcomings in current laws and regulations and to make recommendations as to legislative or regulatory change that would remedy these.

h) In the event of the withholding or withdrawal of full co-operation from the Inquiry by church authorities or any state authorities, or any suggestion that co-operation is being withheld, to report that fact immediately to the Minister for Health and Children. In the event of the Minister for Health and Children receiving such a report he will then grant the Inquiry statutory powers.

i) At the conclusion of their inquiries, to deliver a full and final report to the Minister for Health and Children who will lay it before the Houses of the Oireachtas and publish the report in full subject to legal advice.

j) In the event of the Inquiry not producing a final report within 12 months of the date of appointment by the Minister, the inquiry will publish an interim report and indicate a date for the Inquiry's final report.