CONCERN for the safety of ongoing criminal cases has led Justice Minister Dermot Ahern to refer the report on child abuse in the Dublin Archdiocese to the High Court.Mr Ahern sent the report to the High Court for its opinion after the Attorney General Paul Gallagher said sections of it may damage the prospects of securing convictions against abusers.
Mr Ahern said he wanted to bring the report into the public domain promptly, but not at the expense of potential convictions.
"When the report was published I indicated that I was anxious that the matters dealt with in the report would be put in the public domain as quickly as possible, but that I was concerned that nothing should be done which would harm the prospects of the perpetrators of these horrific acts of depravity against children being brought to the justice they deserve.
"The legal advice available to me as to how I must proceed is clear and the necessary steps are now being taken with all possible speed."
The law which established the Commission to Inquire into Child abuse in the Dublin Archdiocese required the High Court to review the final report if there were any concerns about prosecutions.
When the minister received the report on July 21 he immediately asked Mr Gallagher’s advice.
Mr Gallagher in turn consulted with the Director of Public Prosecutions, James Hamilton, who is charged with bringing offenders before the courts.
The statement from the Department of Justice yesterday said the result of this dialogue prompted Mr Ahern to involve the courts before publication.
"The Attorney General’s Office... has advised the minister that, on the information available, he should form the view that the publication of the report as it stands might prejudice some current criminal proceedings and that before publication he should bring an application to the High Court for directions," it said.
The High Court will have to decide if certain sections of the report can be published or some details should be held back until the criminal cases are finalised.
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