Commission To Inquire Into Child Abuse Act, 2000

Report of Commission.

5.—(1) The Commission shall, having had regard to the reports under sections 13 and 16, prepare a report in writing in relation to the matters referred to in section 4 (1)(b) (“the report”) and shall specify in it the determinations made by the Commission pursuant to that provision.

(2) The Commission may include in the report any recommendations that it considers appropriate including recommendations in relation to the action that it considers should be taken—

(a) to alleviate or otherwise address the effects of the abuse referred to in section 4 on those who suffered it, and

(b) to prevent where possible and reduce the incidence of abuse of children in institutions and to protect children from such abuse.

(3) The report—

(a) may, if the Commission is satisfied that abuse of children, or abuse of children during a particular period, occurred in a particular institution, contain findings to that effect and may identify the institution and the persons who committed the abuse,

(b) may contain findings in relation to the management, administration, operation, supervision and regulation, direct or indirect, of an institution referred to in paragraph (a) and, as respects those functions, the persons in whom they were vested and may identify those persons,

(c) shall not identify, or contain information that could lead to the identification of, persons the subject of abuse in childhood, and

(d) shall not contain findings in relation to particular instances of alleged abuse of children.

(4) If the report contains findings that are based on findings in a report of the Confidential Committee, the report shall include a statement to the effect that the first-mentioned findings are based, solely or partly, as the case may be, on the latter findings and that the evidence on which the latter findings are based could not be tested or challenged by any person and (if it be the case) was not corroborated.

(5) (a) The report shall be published to the general public by the Commission in such manner and at such time during the specified period as the Commission may determine.

(b) In paragraph (a) “the specified period” means the period of 2 years from the establishment day or such longer period as the Government, after consultation with the Commission, may specify by order.

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

(6) The Commission—

(a) shall, not more than one year after the establishment day, prepare an interim report on such matters relating to the inquiry aforesaid or otherwise relating to its functions as it may determine, and

(b) may, if and whenever it considers it appropriate to do so, prepare other such interim reports,

and subsections (2), (3) and (4) shall apply to such interim reports as they apply to the report referred to in those subsections.

(7) A report under paragraph (a) of subsection (6) shall be published to the general public by the Commission in such manner during the year after the establishment day as the Commission may determine and a report under paragraph (b) of that subsection shall be so published in such manner and at such time as the Commission may determine.