Commission To Inquire Into Child Abuse Act, 2000

Inquiry officers.

23.—(1) The Commission may authorise such and so many members of its staff as it may determine (referred to in this Act as “inquiry officers”) to perform the functions conferred on inquiry officers by this section.

(2) Whenever so requested by the Investigation Committee, an inquiry officer shall, for the purpose of assisting it and the Commission in the performance of their functions, carry out a preliminary inquiry into an allegation by a person that he or she suffered abuse in childhood in an institution during the relevant period by—

(a) requesting the person, at the option of the person, to—

(i) provide him or her with a statement in writing of the evidence that the person proposes to give to the Investigation Committee in relation to the matter, or

(ii) make a statement of the evidence aforesaid at a meeting with him or her which the officer shall write down,

within such reasonable period as may be specified by the officer,

(b) furnishing the person against whom the allegation is made with copies of the statement or statements under paragraph (a) and with copies of any relevant documents and requesting the person, at the option of the person, to—

(i) provide him or her with a statement in writing of the evidence that the person proposes to give to the Investigation Committee in relation to the matter, or

(ii) make a statement of the evidence aforesaid at a meeting with him or her which the officer shall write down,

within such reasonable period as may be specified by the officer, and

(c) where appropriate, conducting interviews with the persons referred to in paragraphs (a) and (b), and questioning them, for the purpose of the making of the statements aforesaid.

(3) Following an inquiry pursuant to subsection (2), the inquiry officer concerned shall prepare a report in writing of the results of the inquiry and shall furnish the report and the statement or statements under subsection (2) and any relevant documents to the Investigation Committee; and the report shall not contain any determinations or findings.

(4) A statement under subsection (2) shall be signed (or, where necessary, otherwise identified) by the person by whom it was made and, if the statement was made pursuant to paragraph (a)(ii) or (b)(ii) of that subsection, the signing shall be effected in the presence of the inquiry officer concerned who shall then sign the statement.

(5) An inquiry officer may request the production by a person of any document in the possession or control of the person that the officer considers relevant to his or her inquiry.

(6) Where a document is produced by a person to an inquiry officer pursuant to a request under subsection (5), the officer may, with the consent of the person, retain the document in his or her possession for a reasonable period for the purpose of examining and copying it.

(7) A person being interviewed pursuant to subsection (2) may decline to answer any question asked, or refuse a request to produce a document made, by the inquiry officer concerned and may terminate the interview at any time and a person to whom a request is made under subsection (2) or (5) may refuse to comply with the request.

(8) An inquiry officer shall be furnished with the authorisation under subsection (1) relating to him or her and when exercising a power under this section, shall, if so requested by a person affected, produce the authorisation or a copy of it to the person.