S.I. No. 117/2009 - Commission of Investigation (Child Sexual Abuse) (Amendment) Order 2009

S.I. No. 117 of 2009

COMMISSION OF INVESTIGATION (CHILD SEXUAL ABUSE) (AMENDMENT) ORDER 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th April, 2009.

WHEREAS a Commission of Investigation was established by the Commission of Investigation (Child Sexual Abuse) Order 2006 ( S.I. No. 137 of 2006 );

AND WHEREAS the Government by decision made on 24 March 2009 have agreed to amend the terms of reference of the Commission of Investigation established by that Order to extend the scope of its investigation;

AND WHEREAS the Commission of Investigation established by that Order has consented to that amendment of its terms of reference;

NOW, the Government, in exercise of the powers conferred on them by section 6 of the Commissions of Investigation Act 2004 (No. 23 of 2004), hereby order as follows:

1. This Order may be cited as the Commission of Investigation (Child Sexual Abuse) (Amendment) Order 2009.

2. Article 2(1) of the Commission of Investigation (Child Sexual Abuse) Order 2006 ( S.I. No. 137 of 2006 ) is amended by inserting the following subparagraph after subparagraph (f):

“(fa) with respect to the Catholic diocese of Cloyne—

(i) select a representative sample of complaints or allegations of child sexual abuse made to the diocesan and other Catholic Church authorities and public and State authorities in the period 1 January 1996 to 1 February 2009 against Catholic clergy operating under the aegis of that diocese,

(ii) consider whether the response to those complaints or allegations was adequate or appropriate,

(iii) in the case of complaints or allegations being examined, examine and report also on the nature of the response to any other complaints or allegations made by the complainant or against the person in respect of whom those complaints or allegations were made, including any such complaints or allegations made before 1 January 1996,

(iv) select a representative sample of cases where the diocesan and other Catholic Church authorities had in the period 1 January 1996 to 1 February 2009 knowledge of or strong and clear suspicion of or reasonable concern regarding sexual abuse involving Catholic clergy operating under the aegis of that diocese,

(v) establish the response of the diocesan and other Catholic Church authorities to those sample cases, and

(vi) establish the levels of communication that prevailed between the diocesan and other Catholic Church authorities and public and State authorities with regard to those sample complaints, allegations, knowledge, reasonable concern or strong and clear suspicion;”.

GIVEN under the Official Seal of the Government,

24 March 2009

BRIAN COWEN.

Taoiseach.