COMMISSION TO INQUIRE INTO CHILD ABUSE INVESTIGATION COMMITTEE DIRECTION FOR PAYMENT OF COSTS

WHEREAS:

A.(1) The Commission to Inquire into Child Abuse (the Commission) is
established under section 3 of the Commission to Inquire into Child
Abuse Act, 2000, (the Act of 2000).
(2) The Investigation Committee is a Committee of the Commission
established under section 10 of the Act of 2000
(3) At its Second Public Sitting held on 20th July 2000 the Commission
declared that it proposed to grant to-
(a) each person who should come to the Investigation Committee
to make an allegation or allegations of abuse legal
representation by a solicitor and one counsel or his choice for
the hearing in the first Phase of its work and
(b) each person and/or body against whom an allegation of abuse is
made legal representation by a solicitor and one counsel of his
choice for the hearing in the first Phase of its work.
B.(1) Section 32 of the Residential Institutions Redress Act, 2002 substituted
for section 20 of the Act of 2000 two sections, that is to say, section 20
and section 20A.
(2) Sub-section (1) of section 20A provides that the Investigation
Committee may allow a person appearing before it to be represented by
counsel or solicitor or otherwise.
(3) Sub-section (2) of section 20A provides that, subject to sub-section (3),
the Commission may pay such reasonable costs arising out of the
representation referred to in sub-section (1) to the person so
represented as are agreed between the Commission and that person or,
in default of agreement, such costs as may be taxed by a Taxing Master
of the High Court.
(4) Sub-section (3) of section 20A, which outlines the circumstances in
which an application for costs of appearing before the Investigation
Committee may be refused, is not material to this Direction.
C.(1) In the course of the hearing of allegations made by the Complainant
referred to at 3 in the Schedule hereto against the Management
Respondent referred to at 1 in the Schedule hereto (Reference:
IC/0103) and in the course of the preliminary inquiry into allegations
by the Complainant referred to at 4 in the Schedule hereto against the
Complainant referred to at 2 in the Schedule hereto (Reference
IC/0164) issues were raised by the Management Respondents in
relation to the impact of the consequences of lapse of time since the
occurrence of the events alleged to constitute abuse and allied matters
on the fulfilment by the Investigation Committee of its mandate to
make and publish findings.
(2) Recognising the significance of the issues to the implementation by the
Investigation Committee of its statutory mandate and the generality of
application of the issues in relation to the inquiry it was conducting, it
was determined that a Procedural Hearing of the Investigation
Committee would be held in public to hear (following submission of
written submissions) oral submissions on the relevant issues, which
were the subject of an Issue Paper the terms of which were agreed, and
that the parties listed in the Schedule hereto would participate in, and
be legally represented by the solicitors mentioned in the schedule
hereto and counsel briefed by such solicitors, at the Procedural
Hearing.
(3) The Procedural Hearing took place on 26th, 29th, 30th and 31st July
2002.
(4) At the end of the Procedural Hearing it was declared that each party
represented at the Procedural Hearing would be entitled to the costs of
participation on the same basis as a party would be entitled to costs of
an issue of a similar nature in the High Court, the costs to be taxed in
default of agreement.
(5) At a resumed hearing on 27th November 2002 the Investigation
Committee heard legal argument from the legal representatives of the
parties referred to at (1), (2), (3) and (5) of the Schedule hereto as to
the basis on which such costs should be taxed-whether on a party and
party basis or as between solicitor and client.
D. Having regard to –

2

(1)
the significance of the issues addressed at the Procedural Hearing, (2) the generality of the application of those issues to the conduct of its

inquiry,

(3)
the special nature of the participation of the parties in the Procedural Hearing, in that each was regarded as being representative of the category of participants in the process of the Investigation Committee to which such party belongs, and

(4)
other relevant matters,

the Investigation Committee has determined that it is just and equitable that the costs of parties who participated in the Procedural Hearing should be quantified and discharged by the Commission on the basis hereafter set out.

NOW it is hereby DIRECTED pursuant to section 20A of the Act of 2000 that each of parties listed at (1) to (4) inclusive in the Schedule hereto shall be entitled to be paid by the Commission such reasonable costs arising out of representation in connection with and at the Procedural Hearing as, in default of agreement, may be taxed by a Taxing Master of the High Court on the following basis:

  1. The costs of each party shall be taxed on the same basis as the costs of a similar issue in the High Court would be taxed as between solicitor and client.

  2. For the avoidance of doubt the limitation on the representation by counsel before the Investigation Committee declared at the Second Public Sitting on 20th July 2000 shall not apply to this Direction.

  3. The Rules of the Superior Courts 1986 relating to the taxation of costs (including the provisions relating to review) shall in so far as is practicable apply in the taxation of the costs hereby directed to be paid.

Dated: 4th December 2002

Ms. Justice M. Laffoy Chairperson Commission/Investigation Committee

Schedule

Party Solicitor on Record for Party
1. First Management Respondent Arthur O Hagan
2. Second Management Respondent Maxwell Weldon & Darley
3. First Complainant Lavelle Coleman
4. Second Complainant George Daly and Co.
5. Minister for Education and Science Chief State Solicitor
6. Attorney General, representing the public interest Chief State Solicitor