The long-awaited legislation setting the terms of reference of the Laffoy Commission to Inquire into Child Abuse is expected to be ready within weeks.
This follows lengthy negotiations among Ms Justice Mary Laffoy, who heads the commission; the Department of Education, whose responsibility it is; and the parliamentary draftsmen of the Attorney General's office. These discussions continued up to December 22nd. A spokesman for Survivors of Child Abuse (SOCA), formerly the Artane Old Boys Support Group, told The Irish Times they felt Ms Justice Laffoy was an excellent person to head the commission, but feared she would not have the powers to do the job adequately. SOCA made a written submission to the commission and met Ms Justice Laffoy.
The commission was set up following a promise from the Taoiseach, Mr Ahern, last May that a number of measures would be put in place to deal with the grievances of the victims of abuse in institutions run by religious orders on behalf of the State, which was highlighted in the RTE programme, States of Fear.
The measures included amendment of the Statute of Limitations Act and the setting up of a commission to hear the stories of the victims and examine what happened.
Two reports have been presented to the Department by Ms Justice Laffoy since the commission was formally established last August. These have dealt with issues such as the powers of the commission, legal privilege and the compelability of witnesses.
However, it is understood that differences emerged between the Department of Education and groups representing victims about the extent of the powers of the commission. Already victims are unhappy about the proposed terms of the amended Statute of Limitations Act, which excludes physical abuse and would also have the effect of excluding from seeking compensation many of those who complained to gardai about abuse, leading to successful prosecutions of perpetrators.
Victims have also been unhappy about the counselling available. Despite the Taoiseach's commitments, little was immediately available and many victims were referred to counselling offered through the religious orders, which they did not find acceptable.
According to a spokeswoman for the Department of Education, the Western Health Board has been asked to play a leading role in providing counselling and has advertised for counsellors.
"As far as we are concerned, five bodies are involved," Mr Mick Waters, chairman of SOCA, told The Irish Times.
"First, there is the State itself. Then there is the Department of Justice, which did what it wanted with the children. The Department of Education had responsibility to give the children a proper education. I got put into Artane for mitching and got less education there than I would have if left outside. The fourth is the Department of Health, which never checked on the physical or mental health of the children.
"Finally, there are the religious orders, who managed these institutions for the Government, and who had carte blanche to do what they liked."
Mr Waters was also critical of the Irish Society for the Prevention of Cruelty to Children, which often referred children to the courts on the basis of allegations of neglect by their parents.
"They took children away and never looked at what happened afterwards. Half the children never got into the courts. Others never got the right to defend themselves. We were denied our civil rights. We would like Ms Justice Laffoy and the commission to have the power to investigate each and every one of the State organisations, and do it publicly."
A spokesman for the commission said the powers set out in its report would be sufficient for a full investigation of what happened.