Inquiry Into Historical Institutional Abuse Bill

Committee for the Office of the First Minister and deputy First Minister Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) Report on the Outcome of Consideration by Statutory Committees Together with Proceedings of the Committee Relating to the Report Ordered by the Committee for the Office of the First Minister and deputy First Minister to be printed 24 October 2012 Report: NIA 79/11-15 Session 2012-2013 First Report Membership and Powers Membership and Powers Powers The Committee for the Office of the First Minister and deputy First Minister is a Statutory Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, Section 29 of the Northern Ireland Act 1998 and under Assembly Standing Order 48. The Committee has a scrutiny, policy development and consultation role with respect to the Office of the First Minister and deputy First Minister and has a role in the initiation of legislation. The Committee has the power to; ■ consider and advise on Departmental Budgets and Annual Plans in the context of the overall budget allocation; ■ approve relevant secondary legislation and take the Committee stage of primary legislation; ■ call for persons and papers; ■ initiate inquiries and make reports; and ■ consider and advise on matters brought to the Committee by the First Minister and deputy First Minister. Membership The Committee has eleven members, including a Chairperson and Deputy Chairperson, and a quorum of five members. The membership of the Committee is as follows: ■ Mr. Mike Nesbitt (Chairperson) ■ Mr. Chris Lyttle (Deputy Chairperson) ■ Mr. Colum Eastwood ■ Miss Megan Fearon1 ■ Mr. Paul Givan2 ■ Mrs. Brenda Hale3 ■ Mr. Alex Maskey ■ Mr. John McCallister4 ■ Ms. Bronwyn McGahan5· ■ Mr. Stephen Moutray6 ■ Mr. George Robinson 1 With effect from 10 September 2012 Ms Megan Fearon replaced Mr Francie Molloy 2 With effect from 01 October 2012 Mr Paul Givan replaced Mr Tom Buchanan 3 With effect from 01 October 2012 Mrs Brenda Hale replaced Mr Trevor Clarke 4 With effect from 15 October 2012 Mr John McCallister replaced Mr Danny Kinahan 5 With effect from 10 September 2012 Ms Bronwyn McGahan replaced Ms Caitríona Ruane 6 With effect from 01 October 2012 Mr Stephen Moutray replaced Mr William Humphrey i Report on the Inquiry into Historical Institutional Abuse Bill ii Table of Contents Table of Contents List of Abbreviations Used in the Report iv Report Introduction 1 Consideration of the Bill 4 Final Decisions on Clause by Clause Scrutiny of Bill 14 Appendix 1 Minutes of Proceedings 27 Appendix 2 Minutes of Evidence 53 Appendix 3 Written Submissions 231 Appendix 4 List of Witnesses 319 Appendix 5 Correspondence with OFMDFM 323 Correspondence with Inquiry Panel 389 Other Correspondence 399 Appendix 6 Research Papers 407 iii Report on the Inquiry into Historical Institutional Abuse Bill List of Abbreviations ACAL Association of Child Abuse Lawyers CAMHS Child and Adolescent Mental Health Services CASI Computer Assisted Self Interview CEO Chief Executive Officer CLC Children’s Law Centre DALO Departmental Assembly Liaison Officer DE Department of Education DHSSPS Department of Health, Social Services and Public Safety DOE Department of the Environment DUP Democratic Unionist Party ECHR European Convention on Human Rights ECt.HR European Court of Human Rights EFM Explanatory and Financial Memorandum FM and DFM First Minister and deputy First Minister GB Great Britain HIA Historical Institutional Abuse HRA Human rights Act HRC Human Rights Commission HSCB Health and Social Care Board ICCPR International Covenant on Civil and Political Rights LAC Looked After Child MLA Member of Legislative Assembly MOU Memorandum of Understanding NI Northern Ireland NIHRC Northern Ireland Human Rights Commission NIO Northern Ireland Office NIA Northern Ireland Assembly NSMC North South Ministerial Council NISCC Northern Ireland Social Care Council OFMDFM Office of the First Minister and deputy First Minister POCVA Protection of Children and Vulnerable Adults PSNI Police Service of Northern Ireland RUC Royal Ulster Constabulary RQIA Regulation and Quality Improvement Authority SAVI Sexual Abuse and Violence in Ireland SAVIA Survivors and Victims of Institutional Abuse SDLP Social Democratic and Labour Party SVGO Safeguarding Vulnerable Groups Order 2007 UK United Kingdom UN United Nations UNCAT United Nations Committee Against Torture UNCRC United Nations Convention on the Rights of the Child iv Section 1: Introduction Section 1: Introduction Background 1. The Executive announced on 29 September 2011 that there would be an investigation and inquiry into historical institutional abuse. The Inquiry into Historical Institutional Abuse Bill (NIA 7/11-15) (the Bill) was introduced to the Assembly on 12 June 2012 and referred to the Committee for the Office of the First Minister and deputy First Minister for consideration in accordance with Standing Order 33(1) on completion of the Second Stage of the Bill on 25 June 2012. At introduction the Ministers of the Office of the First Minister and deputy First Minister made the following statement under Section 9 of the Northern Ireland Act 1998: “In our view the Inquiry into Historical Institutional Abuse Bill would be within the legislative competence of the Northern Ireland Assembly” 2. The Inquiry into Historical Institutional Abuse Bill, states its overall purpose as “A Bill to make provision relating to an inquiry into institutional abuse between 1945 and 1995”. The Bill and its Explanatory and Financial Memorandum can be accessed at http://www.niassembly.gov.uk/assembly-business/committees/2011-2016/office-of-the-first-minister- and-deputy-first-minister/ 3. The inquiry’s terms of reference and announcement of the inquiry chair and four inquiry panel members were set out in a written statement to the Assembly on 31 May 2012. A copy of the written statement is at appendix 5. 4. The terms of reference provide that the inquiry is to make findings and recommendations on whether there were systemic failings by the state or institutions in their duties towards those children under 18 for whom they provided residential care between 1945 and 1995 (both years inclusive). An institution is any body, society or organisation with responsibility for the care, health or welfare of children in Northern Ireland, other than a school (but including a training school or borstal) which provided residential accommodation and took decisions about and made provision for the day to day care of children. 5. The inquiry is also to make recommendations and findings on an apology (by whom and the nature of the apology); an appropriate memorial or tribute to those who suffered abuse; and the requirement or desirability for redress to be provided by the institutions and/or the Executive to meet the particular needs of victims. However, the nature or level of any potential redress (financial or the provision of services) is a matter that the Executive will discuss and agree following receipt of the inquiry and investigation report. The inquiry is expected to conclude with a period of two years, six months following the commencement of the legislation with the chairperson’s report to follow within six months of the inquiry’s investigations concluding. Second Stage of the Inquiry into Historical Institutional Abuse Bill 6. Junior Minister Bell’s opening statement to the Assembly, in moving the Second Stage of the Bill on 25 June 2012, highlighted the work that was undertaken by the Executive in bringing the Bill to the Assembly, this included the establishment, in December 2010, of an interdepartmental taskforce to consider the nature of an inquiry and to recommend how it could be taken forward. The task force consulted victims and survivors, including at open meetings in Belfast, Derry/Londonderry and Armagh. Junior Minister Bell advised the House that having considered the task force report, the Executive announced in September 2011 that an inquiry would be set up. 1 Report on the Inquiry into Historical Institutional Abuse Bill 7. Junior Minister Bell set out that the inquiry will have two main elements, an acknowledgement forum and the judicial inquiry process and that the inquiry will make findings and recommendations on four issues. (i) Whether there were systemic failings by the state or institutions in their duties towards those children under 18 for whom they provided residential care between 1945 and 1995, both years inclusive. (ii) The inquiry will make findings and recommendations on an apology; that is, who should make the apology and what the nature of the apology should be. (iii) An appropriate memorial or tribute to those who suffered abuse. (iv) The requirement or desirability for redress to be provided by either the institutions or the Executive to meet the particular needs of victims. 8. Junior Minister Bell highlighted the importance of the confidential acknowledgement forum in providing an opportunity for victims and survivors to talk about their childhoods in the institutions, how they were treated and what they endured. 9. The Chairperson of the Committee for the Office of the First Minister and deputy First Minister welcomed the Bill and highlighted to the Assembly the arrangements that the Committee had made to receive and take evidence on the clauses of the Bill during Committee Stage. The Chairperson also highlighted that the Committee had only had a limited opportunity to consider the Bill up to that point and that the Committee facilitated a briefing on the Bill from Departmental officials at short notice, on 6 June 2012. Pre-Introduction Committee Scrutiny 10. Prior to the introduction of the Bill, the Committee received one briefing from Departmental officials on the draft Bill on 6 June 2012. The briefing focused on the terms of reference, the appointment of the Chair and the draft Bill. The Minutes of Evidence from this and other briefings and evidence sessions can be found at http://www.niassembly.gov.uk/assembly-business/committees/2011-2016/office-of-the-first- minister-and-deputy-first-minister/ 11.

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