Commission of inquiry into child abuse: the background

In March 2006 the Government established a commission of inquiry to investigate the handling of allegations of child abuse against priests between January 1st, 1975, and May 1st, 2004.

The inquiry, under the leadership of Circuit Court judge Yvonne Murphy, was originally given an 18-month deadline to file its report, although this was not mentioned in its terms of reference.

Titled the Dublin Archdiocese Commission of Investigation, it will hold preliminary inquiries into all of the allegations between 1975 and 2004 and then select a representative sample for closer inspection.

It will investigate whether the Catholic Church and State authorities had "enough knowledge of, or strong and clear suspicion of, or reasonable concern regarding sexual abuse involving Catholic clergy" to act.

Once the commission comes across specific allegations against a named individual, it will then investigate all other allegations made against that individual, whether they were part of the original sample or not.

The commission will also investigate whether all Catholic dioceses are following the 1996 church child sexual abuse guidelines as well as the recommendations of the inquiry into the Diocese of Ferns.

Judge Murphy is assisted by barrister Ita Mangan and solicitor Hugh O'Neill as members. The commission has a €4.5 million budget to cover salaries and legal costs.

Fines on summary conviction of up to €3,000 or sentencing to a term of imprisonment of up to 12 months can be imposed - or, on indictment, fines of up to €300,000 or five years' imprisonment.

The Commission of Investigations Act was brought through the Oireachtas to reduce the cost of public inquiries following mounting concern about the cost of the Mahon and other investigations.

Under the Act, commissions can hold much of their work in private, while witnesses called before them can be severely punished if they fail to co-operate.

A corporate body such as the Catholic Church may be prosecuted for offences, while the commission also has powers at its disposal to go to the High Court to seek orders for discovery if co-operation is not forthcoming.