An overhaul of the commission on child abuse being considered by the Department of Education would see people accused of abusing children in residential institutions being subpoenaed to face their alleged victims, writes Patsy McGarry, Religious Affairs Correspondent.
Victims would be able to challenge their alleged abusers at a private hearing without any lawyers present.
The commission currently has two arms: the Confidential Committee, which listens to the experiences of those abused in institution, and the more adversarial Investigation Committee, which has powers to publicly name the institution and the person or persons who committed the abuse, as well as to identify those responsible for managing or supervising such an institution.
If acceptable to victims' groups, the reforms could greatly reduce if not eliminate the role of the commission's Investigation Committee.
It would also mean there would be fewer lawyers involved with the commission, overall costs would be much lower, and matters could be expedited for all concerned.
No lawyers take part in the proceedings of the Confidential Commission. It is proposed an expanded Confidential Committee would be given powers to subpoena those accused of abuse in residential institutions to be present at hearings of the committee, where they could be confronted by their accuser(s).
However, while they would be required to be present at the hearing, the accused would be under no obligation to answer the committee's questions.
The idea has been explored with religious congregations who, it was indicated, were favourably disposed provided none of their elderly, ill or disabled members were subpoenaed, and untraceable or deceased members were not named before the committee.
The Irish Christian Brothers initiated a High Court challenge to the constitutionality of the Investigation Committee.
They challenged the fairness of it examining allegations which were deemed old, and where many witnesses or potential witnesses might be dead or infirm.
A ruling on the matter is expected next month, which is likely to be challenged in the Supreme Court. It could be the middle of next year before the Supreme Court rules in the case.
The commission's Investigation Committee suspended its work earlier this month following the announcement of a second review of its operations by the Minister for Justice, Mr Dempsey.
Upwards of 1,700 former residents in institutions have opted to go before this committee, which was intended to play a role in compensating victims of abuse.
Last year, however, the Government set up the Residential Institutions Redress Board, which operates independently of the commission.
The State had envisaged a compensation scheme which would follow on from the work of the Investigation Committee after it determined issues of fact concerning allegations of abuse. These would help decide the level of damages.
However, during the early stages of the commission's work it became clear that the Investigation Committee would not be able to function unless a scheme of compensation was initiated.
Those who opt to go before the redress board may do so directly without reference to either the Confidential or Investigation Committee of the commission.
Three survivor groups were told of the Department's new proposals at a meeting with officials in Dublin on Monday. There was a mixed response, but the Alliance, Right of Place, and SOCA (UK) representatives were expected to consult members before meeting the Mr Dempsey with their response at Leinster House on September 25th.