The Murphy report details the actions taken by the Irish Amateur Swimming Association (IASA) since 1995 for the prevention of child sexual abuse, and the submission by the IASA Leinster Branch to the inquiry. The document highlights weaknesses and contradictions in the IASA actions. It also says the branch's attempt to create a distinction between itself and the IASA was "somewhat artificial".
Dr Roderick Murphy's report acknowledges that the IASA "made progress since 1995" in producing a code of ethics for officials and a code of conduct for members and in the adoption of a code of ethics and good practice.
He noted a particular flaw, however, relating to complaints procedures, which he said could make it impossible for a club or branch to investigate complaints.
"The preliminary provision that no club or branch is permitted to investigate or hold a hearing to deal with complaints of this nature may, again, render the club impotent in disciplining a teacher or coach against whom a complaint has already been made," the report states.
"To this end it seems that it is necessary to go further than the guidelines suggest, by recommending appropriate disciplinary measures in the event of teachers/ coaches not complying with the code of ethics. In other words, clubs or branches should not be prevented from taking disciplinary action against those coaches or officials who have breached the code of ethics."
The inquiry said it was "unsure of the status of the Child Protection Committee" proposed by the IASA. It also described as "unnecessary duplication" requirements that the IASA's child protection officer notify area and senior social workers if there was a complaint, when the officer was also required to notify the local health board.
The inquiry noted improvements implemented by the IASA, but recommended "a process of annual revision in line with best practice".
The Leinster Branch in its submissions to the inquiry had claimed "that its response to both cases [relating to Gibney and O'Rourke] was timely, considered and measured" according to the report. The branch also said it had brought the matters to the attention of the relevant clubs so the clubs could take action to protect young swimmers.
"There is, however, no correspondence nor minutes of meetings in this regard," the report states. "Moreover, both coaches continued as coaches for some periods after the intervention of the branch."
Dr Murphy's report concludes that the problems that had arisen "reflect the limitations of the branch structure as opposed to shortcomings by the branch. The branch is not a framework upon which one can build a system of regulation and control."