Garda HQ examining report for criminality
Survivors encouraged to report abuse in homes
GARDA Commissioner Drew Harris and his team are currently “examining in its entirety” the mother and baby home report before deciding which unit is “best placed” to probe the litany of shocking testimony.
“The Commissioner’s office is examining it very closely before deciding how to proceed in terms of the Garda investigation. This is a matter of seismic, national importance and the force will reflect that in how it decides how best to investigate,” a source said.
Gardaí will also encourage former residents affected to come forward: “Any persons who wish to report sexual abuse before they went into these homes, or indeed any abuse they may have suffered within them, we would ask them to come forward,” the source added.
GARDA headquarters is “studying in depth” the 2,865-page mother and baby report before assigning it to a national unit or specially convened team of officers to probe identified criminality.
An Garda Síochána received a copy of the report last Tuesday upon its publication.
Senior sources say that Garda Commissioner Drew Harris and his team are currently “examining in its entirety” the lengthy report before deciding which Garda unit is “best placed” to probe the litany of shocking testimony.
However, it is understood that senior officers have already identified some potential issues at this early stage.
These include that it was not an offence at the time for religious orders to fail to report instances of children in their care who were pregnant and therefore victims of statutory rape.
“It is now an offence for a State institution not to report if a child is a victim of statutory rape, but that was not law when these mother and baby homes were in existence.
“Therefore from an initial reading of the report, the homes may not be culpable for failing to inform the authorities.
“But this is an extremely detailed and lengthy report and the Garda examination of it is at an early stage,” explained a well-placed source.
“The Garda Commissioner’s office is examining the report very closely before deciding how to proceed in terms of the Garda investigation.
“This is a matter of seismic, national importance and the force will reflect that in
how it decides how best to investigate.”
Upon its publication last Tuesday, Taoiseach Micheál Martin said the report had already been sent to the Director of Public Prosecution (DPP), whose role it is to consider whether to lay criminal charges.
However, that is not the case.
The report is currently under consideration by An Garda Síochána, and it will decide whether there is enough evidence within it — and from further Garda investigations — for it to be to sent to the DPP to consider directing any charges.
This weekend, sources within Garda headquarters said the force wanted to assure and encourage all women and children affected to come forward to gardaí in relation to any suspected criminality which led to their pregnancy or arising from their time at a mother and baby home.
“Any persons who wish to report sexual abuse before they went into these homes, or indeed any abuse they may have suffered within them, we would ask them to come forward.
“In many instances, these are cases of historical sexual abuse and would be investigated thoroughly,” said the source.
It is not usually “standard practice” for gardaí to approach victims of crime and ask if they wish to make a statement of complaint.
However, given that many women have already given statements to the commission, this could potentially impact the Garda approach.
It is understood that gardaí have not ruled out approaching the commission directly as part of its investigation to try and speak to some of the women involved.
“Nothing has been decided upon in terms of exactly how to proceed as of yet,” added the source.
An Garda Síochána officially confirmed it was investigating the report on Tuesday, saying in a statement: “Following the final report of the Commission of Investigation into Mother and Baby homes being presented to Cabinet today, An Garda Síochána will now examine the detailed and extensive final report, and consider if there are grounds for criminal investigation.”