McD v Child Abuse Commission
| Jurisdiction | Ireland |
| Judge | Mr. Justice Aindrias Ó Caoimh |
| Judgment Date | 07 February 2003 |
| Neutral Citation | [2003] IEHC 160 |
| Date | 07 February 2003 |
| Docket Number | [No. 357 J.R./2002],[2002 No. 357 J.R.] |
| Court | High Court |
[2003] IEHC 160
THE HIGH COURT
Between:
Citations:
RSC O.84 r21(1)
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S1
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S4
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S4(3)
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S4(5)
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S4(6)
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S7
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S10
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S11
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S12
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S12(2)
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S13
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S14
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S15
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S15(2)
COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 S23
O'DONNELL V DUN LAOGHAIRE CORP (NO 2) 1991 ILRM 301
SLATTERYS LTD V CMSR OF VALUATION 2001 4 IR 91
O'FLYNN V MID WESTERN HEALTH BOARD 1991 2 IR 223
DE ROISTE V MIN DEFENCE 2001 1 IR 190 2001 2 ILRM 241 2001 ELR 33
FUREY, STATE V MIN JUSTICE 1988 ILRM 89
ADAM V MIN JUSTICE 2001 2 ILRM 452
R V HM CUSTOMS & EXCISE EX PARTE EUROTUNNEL INDEPEPENDENT 17.2.1995
GORDON V DPP 2002 2 IR 369 2003 1 ILRM 81 2002/12/2907
S (SAALIM) V MIN JUSTICE 2002 2 IR 163 2002/24/6257
R V STRATFORD ON AVON DISTRICT CO EX PARTE JACKSON 1985 1 WLR 1323
RESIDENTIAL INSTITUTIONS REDRESS ACT 2000
CUSSEN, STATE V BRENNAN 1981 IR 181
Synopsis:
JUDICIAL REVIEW
Certiorari
Leave -Time limits - Extension of time - Commission to inquire into Child Abuse - Whether applicant established good reason to extend time - Rules of the Superior Courts, 1986 SI 15/1986 Order 84 rule 21 - (2002/357JR - O Caoimh J - 7/2/2003)
McD v Commission to Inquire into Child Abuse - [2003] 2 IR 348
The respondents applied to discharge an order made by the High Court giving the applicant leave to apply by way of judicial review seeking an order of certiorari quashing the decision of the first respondent refusing the applicant's request to give evidence to the second respondent.
Held by O Caoimh J. in granting the respondents the relief sought that there was no basis advanced by the applicant to the court at the time of applying for leave such as could constitute good reason for extending the time within which the application for leave could be made.
Judgment of Mr. Justice Aindrias Ó Caoimh delivered the 7th February, 2003.
This is an application brought by the respondents to discharge an order made by this Court (Murphy J.) on the 24th June, 2002, giving the applicant leave to apply by way of an application for judicial review to seek the relief of an order of certiorari quashing the decision of the first respondent (hereinafter referred to as "the Commission") dated the 24 thOctober, 2001 refusing the applicant's request to give evidence to the second respondent (hereinafter referred to as "the Investigating Committee").
In the applicant's grounding statement he sought the relief of an order pursuant to O. 84 r. 21 (1) of the Rules of the Superior Courts, 1986 extending the period for the relief sought in these proceedings.
The grounds upon which the applicant was given leave are as follows:
1. By virtue of the Commission to Inquire into Child Abuse Act, 2000(hereafter also referred to as the Act of 2000), the respondent, the Commission to Inquire into Child Abuse (hereafter referred to as "the Commission") was established and is a body corporate with perpetual succession with power to sue and be sued in its corporate name.
2. Section 1 of the Act of 2000 provides that the relevant period means the period from and including the year 1940 or such earlier year as the Commissions may determine to and including the year 1999 and such later period (if any) as the Commission may determine.
3. Section 4 of the Commission to Inquire into Child Abuse, 2000 provides that the principal functions of the Commission are (subject to the provisions of the Act):-
(a) to provide, for persons who have suffered abuse in childhood in institutions during the relevant period, an opportunity to recount the abuse, and make submissions, to a Committee
(b) through a Committee:
• to inquire into abuse of children in institution during the relevant period;
• where it is satisfied that such abuse has occurred, to determine the causes, nature, circumstances and extent of such abuse;
• without prejudice to the generality of any of the foregoing, to determine the extent to which (the institutions themselves in which such abuse occurred, the systems of management, administration, operation, supervision, inspection and regulation of such institutions, and, the manner in which those functions were performed by the persons or bodies in whom they were vested) contributed to the occurrence or incidence of such abuse and to prepare and publish reports.
4. The aforementioned inquiry is to be conducted in such manner and by such means as the Commission considers appropriate.
5. Section 4(3) of the Commission to Inquire into Child Abuse Act, 2000provides that the Commission shall have all such powers as are necessary or expedient for the performance of its functions.
6. Section 4(5) of the Commission to Inquire into Child Abuse Act, 2000provides that the Commission may invite and receive oral or written submissions.
7. Section 4(6) of the Commission to Inquire into Child Abuse Act, 2000provides that in performing their functions the Commission and the Committees shall bear in mind the need of persons who have suffered abuse in childhood to recount to others such abuse, their difficulties in so doing and the potential beneficial effect on them of so doing and, accordingly, the Commission and the Committees shall endeavour to ensure that meetings of the Committees at which evidence is being given are conducted so as to afford to persons who have suffered such abuse in institutions during the relevant period an opportunity to recount in full the abuse suffered by them in an atmosphere that is as sympathetic to, and as an understanding of, them as is compatible with the rights of others and the requirements of justice, and as informally as is possible in the circumstances.
8. Section 7 of the Commission to Inquire into Child Abuse Act, 2000provides for meetings and the procedure of the Commission.
9. Section 10 of the Commission to Inquire into Child Abuse Act, 2000provides that on the establishment day there shall stand established a committee of the Commission which shall be known as the Confidential Committee and a committee of the Commission which shall be known as the Investigation Committee. The meetings and procedures of the Committees are provided for in s. 11 of the Act of 2000 which inter alia provides that a Committee may invite and receive oral or written submissions.
10. Section 12 of the Act of 2000 provides that the principal functions of the Investigation Committee are (subject to the provisions of the Act):
• to provide, for reasons who have suffered abuse in childhood in institutions during the relevant period, an opportunity to recount the abuse and make submissions to the Committee;
• to inquire into the abuse of children in institutions during the relevant period;
• to determine the causes, nature, circumstances and extent of such abuse;
• to determine the extent to which the institutions themselves in which such abuse occurred, the systems of management, administration, operation, supervision and regulation of such institutions and the manner in which those functions were performed by the persons or bodies in whom they were vested, contributed to the occurrence or incidence of such abuse and to prepare and furnish reports.
11. Section 12(2) of the Act of 2000 provides that the Investigation Committee shall have all such powers as are necessary or expedient for the performance of its functions. Section 13 of the 2000 Act makes provisions for the report of the Investigation Committee and s. 14 of the Act of 2000 provides for the powers of the Investigation Committee.
12. Section 15 of the Act of 2000 provides that the principal functions of the Confidential Committee are (subject to the provisions of the Act):
• to provide, for persons who have suffered abuse in childhood in institutions during the relevant period and who do not wish to have that abuse inquired into by the Investigation Committee, an opportunity to recount the abuse, and make submissions, in confidence to the Committee,
• to receive evidence of such abuse,
• to make findings of a general nature, based on the evidence and to prepare and furnish reports.
13. Similarly s. 15(2) of the Act of 2000 provides that the Committee shall have all such powers as are necessary or expedient for the performance of its functions.
14. Section 23 of the Act of 2000 provides for the appointment of inquiry officers by the Commission and details their particular functions including inter alia the carrying out of a preliminary inquiry.
15. The long title to the Commission to Inquire into Child Abuse Act, 2000inter alia states that the Commission is to investigate child abuse in institutions in the State, to enable persons who have suffered such abuse to give evidence to the Commission's Committees, to provide for the preparation and publication of a report by the Commission containing the results of its investigation and any recommendations it considers appropriate for the prevention of child abuse, the protection of children from it and the actions to be...
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