{"id":16,"date":"2022-04-20T14:16:05","date_gmt":"2022-04-20T13:16:05","guid":{"rendered":"http:\/\/childabusecommission.ie\/?page_id=16"},"modified":"2022-05-02T16:28:56","modified_gmt":"2022-05-02T15:28:56","slug":"about","status":"publish","type":"page","link":"https:\/\/childabusecommission.ie\/?page_id=16","title":{"rendered":"About Us"},"content":{"rendered":"\n<h1 class=\"wp-block-heading\">The Commission to Inquire into Child Abuse<\/h1>\n\n\n\n<h2 class=\"wp-block-heading\">Establishment of the Commission<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The Commission was established on 23 May, 2000, pursuant to the \u201cCommission to Inquire into Child Abuse Act 2000\u201d and given three primary functions:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>to hear evidence of abuse from persons who allege they suffered abuse in childhood, in institutions, during the period from 1940 or earlier, to the present day;<\/li><li>to conduct an inquiry into abuse of children in institutions during that period and, where satisfied that abuse occurred, to determine the causes, nature, circumstances and extent of such abuse; and<\/li><li>to prepare and publish reports on the results of the inquiry and on its recommendations in relation to dealing with the effects of such abuse.<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">The Commission had no role in relation to financial compensation. That function rested with the \u201cResidential Institutions Redress Board\u201d.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Structure of Commission<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The Commission heard evidence through two separate committees \u2013 the Investigation Committee and the Confidential Committee. The Chairperson of the Commission, Mr. Justice Ryan, was a judge of the High Court and also chairperson of the Investigation Committee. The ordinary members of the Commission, who sat on either (but not both) committee, were drawn from various disciplines. The Commission also had a number of administrative and legal staff, paid for by the Department of Education &amp; Science.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">2005 Act &#8211; Functions of the Commission<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The \u201cCommission to Inquire into Child Abuse (Amendment) Act 2005\u201d gave effect to the recommendations of the report of the Government of the \u201cReview Group on the Commission to Inquire into Child Abuse\u201d and the report and subsequent recommendations of Mr. Justice Ryan, on the workings of the Commission. The new provisions allowed for extension of the Commission\u2019s functions, by including a duty on the Commission to inquire into the manner in which children were placed in institutions and the circumstances in which they continued to be resident there. The Act also removed the obligation on the Investigation Committee to hear all complainants and gave it a discretion as to which witnesses it considered should be called to a full hearing, to ensure that the inquiry\u2019s functions are fulfilled.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Types of abuse<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The Commission had a mandate in relation to four types of abuse:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>Physical abuse<\/strong>&nbsp;\u2013 the willful, reckless or negligent infliction of physical injury on, or failure to prevent such injury to, the child;<\/li><li><strong>Sexual abuse<\/strong>&nbsp;\u2013 the use of the child by a person for sexual arousal or sexual gratification of that person or another person;<\/li><li><strong>Neglect<\/strong>&nbsp;\u2013 failure to care for the child which results, or could reasonably be expected to result in serious impairment of the physical or mental health or development of the child, or serious adverse effects on his or her behaviour or welfare;<\/li><li><strong>Emotional abuse<\/strong>&nbsp;\u2013 any other act or omission towards the child which results, or could reasonably be expected to result in serious impairment of the physical or mental health or development of the child, or serious adverse effects on his or her welfare.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Types of institution<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">This included a school, an industrial school, a reformatory school, an orphanage, a hospital, a children\u2019s home and any other place where children were cared for other than as members of their families.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A \u201cchild\u201d was deemed to be a person who had not attained the age of 18 years at the relevant time.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Complainants<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">A witness (complainant) could choose to give evidence to the Investigation Committee or the Confidential Committee, but not both. In relation to the Investigation Committee, evidence was given at either (or both, in some cases) full hearing of the Committee, or interview with members of its legal team.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In addition to being offered a hearing by the Commission and its Committees, counselling by a dedicated counselling service  was set up by the Department of Health and Children and was provided through the Health Boards was available for victims of abuse.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Commission and its Committees benefited from the kind of powers and protection which a court would have including privilege for witnesses; compellability of witnesses; discovery of documents; taking evidence on oath and offences for failure to co-operate or for obstruction.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a rel=\"noreferrer noopener\" href=\"https:\/\/childabusecommission.ie\/wp-content\/uploads\/2022\/04\/diagram.gif\" target=\"_blank\">View a diagram<\/a>&nbsp;that explains how a victim of abuse was heard through the Commission&#8217;s work.<\/p>\n\n\n\n<p class=\"has-larger-font-size wp-block-paragraph\"><strong>Additional Functions<\/strong>\/<strong>Vaccine Trials<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Commission was given the additional functions under the Commission to Inquire Into Child Abuse Act, 2000 (Additional Functions) Order, 2001 (S.I. No. 280 of 2001) to inquire into-<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">a) the 3 vaccine trials referred to in the Report of the Chief Medical Officer entitled \u201cReport on Three Clinical Trials Involving Babies and Children in Institutional Settings 1960\/1961, 1970 and 1973\u201d, and<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">b) any other vaccine trial found by the Commission to have taken place in an institution between 1940 and 1987 based on an allegation by a person who was a child in that institution that he or she was the subject of such a vaccine trial.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Delays<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">There were a number of legal challenges and reviews of the Commission\u2019s work. These have been well documented already and are set out in detail, in the Commission\u2019s \u201c3rd Interim Report\u201d, published in January, 2004.<\/p>\n\n\n\n<p class=\"has-larger-font-size wp-block-paragraph\"><strong>Publication of the Report<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">On completion of its work the Commission published a report directly to the general public on 20 May, 2009, based on the reports of its Committees. The Report identified institutions in which abuse occurred and the people responsible and made findings in regard to management and regulatory authorities. The Commission in the Report also made recommendations on measures to alleviate the effects of abuse on victims and to prevent future abuse in institutions.  The report was also posted to the Commission\u2019s website. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For more detail on the background to and establishment of the Commission, please see its \u201c3rd Interim Report\u201d, which can be found on the website under \u201cPublications\u201d.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Commission to Inquire into Child Abuse Establishment of the Commission The Commission was established on 23 May, 2000, pursuant to the \u201cCommission to Inquire into Child Abuse Act 2000\u201d and given three primary functions: to hear evidence of abuse from persons who allege they suffered abuse in childhood, in institutions, during the period from&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"folder":[],"class_list":["post-16","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=\/wp\/v2\/pages\/16","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16"}],"version-history":[{"count":16,"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=\/wp\/v2\/pages\/16\/revisions"}],"predecessor-version":[{"id":1727,"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=\/wp\/v2\/pages\/16\/revisions\/1727"}],"wp:attachment":[{"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16"}],"wp:term":[{"taxonomy":"folder","embeddable":true,"href":"https:\/\/childabusecommission.ie\/index.php?rest_route=%2Fwp%2Fv2%2Ffolder&post=16"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}