Commission To Inquire Into Child Abuse Act, 2000

Functions of Commission.

4.—(1) The principal functions of the Commission are, subject to the provisions of this Act—

(a) to provide, for persons who have suffered abuse in childhood in institutions during the relevant period, an opportunity to recount the abuse, and make submissions, to a Committee,

(b) through a Committee—

(i) to inquire into the abuse of children in institutions during the relevant period,

(ii) where it is satisfied that such abuse has occured, to determine the causes, nature, circumstances and extent of such abuse, and

(iii) without prejudice to the generality of any of the foregoing, to determine the extent to which—

(I) the institutions themselves in which such abuse occurred,

(II) the systems of management, administration, operation, supervision, inspection and regulation of such institutions, and

(III) the manner in which those functions were performed by the persons or bodies in whom they were vested,

contributed to the occurrence or incidence of such abuse,

and

(c) to prepare and publish reports pursuant to section 5 .

(2) Subject to the provisions of this Act, the inquiry under subsection (1) shall be conducted in such manner and by such means as the Commission considers appropriate.

(3) The Commission shall have all such powers as are necessary or expedient for the performance of its functions.

(4) (a) The Government may, if they so think fit, after consultation with the Commission, by order confer on the Commission and the Committees such additional functions or powers connected with their functions and powers for the time being as they consider appropriate.

(b) The Government may, if they so think fit, after consultation with the Commission, amend or revoke an order under this subsection.

(c) Where an order is proposed to be made under this subsection, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

(5) The Commission may invite and receive oral or written submissions.

(6) In performing their functions the Commission and the Committees shall bear in mind the need of persons who have suffered abuse in childhood to recount to others such abuse, their difficulties in so doing and the potential beneficial effect on them of so doing and, accordingly, the Commission and the Committees shall endeavour to ensure that meetings of the Committees at which evidence is being given are conducted—

(a) so as to afford to persons who have suffered such abuse in institutions during the relevant period an opportunity to recount in full the abuse suffered by them in an atmosphere that is as sympathetic to, and as understanding of, them as is compatible with the rights of others and the requirements of justice, and

(b) as informally as is possible in the circumstances.