(LRC Revised)

Number 17 of 2005

COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005

REVISED

Updated to 28 May 2019

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of

Commission to Inquire into Child Abuse (Amendment) Act 2005

. It is prepared by the Law Reform Commission in accordance with its function under

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Greyhound Racing Act 2019

(15/2019), enacted 28 May 2019, and all statutory instruments up to and including

European Communities (Sheep Identification) (Amendment) Regulations 2019

(S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

17

of

2005

COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005

REVISED

Updated to 28 May 2019

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, construction and collective citation.

2.

Interpretation generally.

PART 2

Amendments of Principal Act

3.

Amendment of section 1 (interpretation) of Principal Act.

4.

Amendment of section 4 (functions of Commission) of Principal Act.

5.

Amendment of section 5 (reports of Commission) of Principal Act.

6.

Amendment of section 11 (meetings and procedures of Committees) of Principal Act.

7.

Amendment of section 12 (functions of Investigation Committee) of Principal Act.

8.

Amendment of section 13 (report of Investigation Committee) of Principal Act.

9.

Amendment of section 14 (powers of Investigation Committee) of Principal Act.

10.

Amendment of section 15 (functions of Confidential Committee) of Principal Act.

11.

Amendment of section 16 (report of Confidential Committee) of Principal Act.

12.

Amendment of section 17 (privilege) of Principal Act.

13.

Amendment of section 18 (privileges and immunities for witnesses) of Principal Act.

14.

Amendment of section 19 (option for certain persons) of Principal Act.

15.

Amendment of section 21 (admissibility of certain evidence) of Principal Act.

16.

Amendment of section 23 (inquiry officers) of Principal Act.

17.

Amendment of section 25 (directions of High Court) of Principal Act.

18.

Periods in relation to which Confidential Committee and Investigation Committee perform

their functions.

19.

Judicial review.

20.

Amendment of section 31 (provisions in relation to discovery) of Principal Act.

21.

Transitional.

PART 3

Education (Former Residents of Certain Institutions for Children) Finance Board

22.

Interpretation (

Part 3

).

23.

Establishment day.

24.

Establishment of Education (Former Residents of Certain Institutions for Children)

Finance Board.

25.

Principal functions of Board.

26.

Management of moneys relating to Board.

27.

Educational grants to former residents of institutions and their relatives.

28.

Application for grants and consequential matters.

29.

Membership of Board.

30.

Employees.

31.

Accounts and audits.

32.

Annual report and information.

33.

Removal of members of Board from office.

PART 4

Miscellaneous

34.

Amendment of Residential Institutions Redress Act 2002.

35.

Regulations and orders.

SCHEDULE

Membership and Meetings of Board

Acts Referred to

Commission to Inquire into Child Abuse Act 2000

2000, No. 7

Ombudsman Act 1980

1980, No. 26

Residential Institutions Redress Act 2002

2002, No. 13

Number

17

of

2005

COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005

REVISED

Updated to 28 May 2019

AN ACT TO AMEND THE COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 AND THE RESIDENTIAL

INSTITUTIONS REDRESS ACT 2002, TO ESTABLISH A BODY TO BE KNOWN AS AN BORD AIRGEADAIS

OIDEACHAIS (IAR-CHÓNAITHEOIRÍ DE CHUID FORAS ÁIRITHE DO LEANAÍ) OR, IN THE ENGLISH LANGUAGE, THE EDUCATION (FORMER RESIDENTS OF CERTAIN INSTITUTIONS

FOR CHILDREN) FINANCE BOARD AND TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR RELATED

MATTERS.

[9

th July,

2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Residential Institutions Redress Acts

restricted (8.03.2013) by

Residential Institutions Statutory Fund Act 2012

(35/2014), s. 24, S.I. No. 79 of 2013.

Transfer of certain information from Residential Institutions Redress Board.

24.

— (1) Notwithstanding anything contained in the Residential Institutions Redress Acts

2002 to 2011 or any other enactment the Residential Institutions Redress Board shall

furnish personal information to the Board.

(2) The Board shall use personal information furnished under

subsection (1)

in order to determine whether a person is eligible to make an application to the

Board and for no other purpose.

(3) In this section “personal information” means the name, address and date of birth of a person referred to in

section 3 (1)(a)

.

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Residential Institutions Redress Acts

restricted (8.03.2013) by

Residential Institutions Statutory Fund Act 2012

(35/2014), s. 24, S.I. No. 79 of 2013.

Transfer of certain information from Residential Institutions Redress Board.

24.

— (1) Notwithstanding anything contained in the Residential Institutions Redress Acts

2002 to 2011 or any other enactment the Residential Institutions Redress Board shall

furnish personal information to the Board.

(2) The Board shall use personal information furnished under

subsection (1)

in order to determine whether a person is eligible to make an application to the

Board and for no other purpose.

(3) In this section “personal information” means the name, address and date of birth of a person referred to in

section 3 (1)(a)

.

PART 1

Preliminary and General

Section

1.

Short title, construction and collective citation.

2.

Interpretation generally.

PART 2

Amendments of Principal Act

3.

Amendment of section 1 (interpretation) of Principal Act.

4.

Amendment of section 4 (functions of Commission) of Principal Act.

5.

Amendment of section 5 (reports of Commission) of Principal Act.

6.

Amendment of section 11 (meetings and procedures of Committees) of Principal Act.

7.

Amendment of section 12 (functions of Investigation Committee) of Principal Act.

8.

Amendment of section 13 (report of Investigation Committee) of Principal Act.

9.

Amendment of section 14 (powers of Investigation Committee) of Principal Act.

10.

Amendment of section 15 (functions of Confidential Committee) of Principal Act.

11.

Amendment of section 16 (report of Confidential Committee) of Principal Act.

12.

Amendment of section 17 (privilege) of Principal Act.

13.

Amendment of section 18 (privileges and immunities for witnesses) of Principal Act.

14.

Amendment of section 19 (option for certain persons) of Principal Act.

15.

Amendment of section 21 (admissibility of certain evidence) of Principal Act.

16.

Amendment of section 23 (inquiry officers) of Principal Act.

17.

Amendment of section 25 (directions of High Court) of Principal Act.

18.

Periods in relation to which Confidential Committee and Investigation Committee perform

their functions.

19.

Judicial review.

20.

Amendment of section 31 (provisions in relation to discovery) of Principal Act.

21.

Transitional.

PART 3

Education (Former Residents of Certain Institutions for Children) Finance Board

22.

Interpretation (

Part 3

).

23.

Establishment day.

24.

Establishment of Education (Former Residents of Certain Institutions for Children)

Finance Board.

25.

Principal functions of Board.

26.

Management of moneys relating to Board.

27.

Educational grants to former residents of institutions and their relatives.

28.

Application for grants and consequential matters.

29.

Membership of Board.

30.

Employees.

31.

Accounts and audits.

32.

Annual report and information.

33.

Removal of members of Board from office.

PART 4

Miscellaneous

34.

Amendment of Residential Institutions Redress Act 2002.

35.

Regulations and orders.

SCHEDULE

Membership and Meetings of Board

Number

17

of

2005