Government did not try to 'diminish the powers' of Laffoy

The Government did not propose to diminish the powers of the Laffoy Commission to Inquire into Child Abuse, it has said this …

The Government did not propose to diminish the powers of the Laffoy Commission to Inquire into Child Abuse, it has said this evening.

In a thirteen-page response to the allegations made by Ms Justice Mary Laffoy in her resignation letter last week, the Government insists that it at all times consulted the judge on its proposals and on the procedures to review the work of the commission.

Describing the judge's decision to step down as "a bolt from the blue", the Government statement says Ms Justice Laffoy had given "no indication" at any of the meetings she attended or in correspondence that she considered the ongoing review grounds for her resignation.

The Government accepts there was "some delay" in establishing a scheme for the payment of legal expenses. However, it says this arose "because of the complexity of the issues involved and the need for consultation with relevant parties".

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The statement says the Government's original intention in setting up the commission was "to provide a forum which would avoid the procedural formality and panoply of the courts".

Detailing the negotiations on how legal expenses were to be paid, the Government notes that "during all of this period lawyers for the victims of abuse refused to negotiate or make any representations as to a legal expenses scheme".

Addressing the issue of the extra resources requested by Ms Justice Laffoy, the Government says it does not accept that adequate resources were not provided to the commission to enable it to carry out its remit.

The effect of granting the additional resources requested in June of last year would have been to increase the staff of the commission from 38 to 79, according to the Government.

The request for additional resources could not be considered in isolation and it was considered imperative to "have the Commission's procedures and underlying legislation reviewed to establish if there was any scope to change or amend the Act which would expedite its work and reduce the cost to the exchequer while still achieving the original objectives of the legislation".

"In short, the Government's view was that the difficulties faced by the Investigation Committee were more fundamental than the issue of resources," the statement says.

The Government accepts in its statement that the review process, which has to date taken eight months, has "created some uncertainty" for the commission. However, it says the Government sought to "limit that uncertainty by keeping the Commission informed of developments".