Government's response to issues raised by Ms Justice Laffoy following her resignation as chairperson of the Commission to Inquire into Child Abuse.
Ms Justice Laffoy's resignation letter outlined events which, she said, resulted in the "powerlessness" of the Commission. The Government, in 13-page report, addressed each of the judge's points:
Compensation for survivors or abuse
In July, 2000, Ms Justice Laffoy, expressed concern to the Department of Education that a scheme of compensation for abuse victims needed to be finalised if victims were to participate in the Commission.
The Government approved in principle a compensation scheme in early October 2000, resulting in the enactment of legislation in April 2002.
Enactment of legislation is the prerogative of the Oireachtas, and not a Minister, and it cannot be accepted that an 11-month period from a proposal from the Commission to a decision being taken in principle was unreasonable.
Payment of legal costs for persons involved in the investigation committee
It is accepted there was a delay in establishing a scheme for the payment of legal expenses. This arose because of the complexity of the issues involved and the need for consultation with relevant parties.
Government's handling of requests for adequate resources
All requests were processed normally and in consultation with the Department of Finance. It is not accepted that adequate resources were not provided to the Commission.
The Christian Brothers' case
The Brothers' challenge to the constitutionality of the Commission is very important and its decision may set legal limits on the ability to investigate allegations of abuse that relate to events which occurred decades ago.
Time involved in the review
The review has taken eight months so far and it is accepted that it has created some uncertainty. The Minister believes this is time well spent , given that the inquiry process may take 11 years unless it is changed.
Consultation with support groups
Plans to allow the Commission to inquire into selected cases were met with general, although not unanimous, agreement in principle with this as an approach. Groups sought more time to consult with their members and this was agreed to.
Mandate of the Commission
The Minister indicated that a second review of the Commission's work would result in more substantial changes and allow its mandate to be carried out in an effective and speedy way. There are no proposals to diminish its power. The reverse is more accurately the case.
"Powerlessness" of the Commission
The main reason Ms Justice Laffoy cited in her resignation letter was that the Commission had been rendered powerless. The Government does not agree with this view.
New legislation would not rule out the Commission's previous work and, in the meantime, the Commission could continue operating within its existing remit.