S.I. No. 884 of 2004

Rules of the Superior Courts (Commission to Inquire into Child Abuse Act, 2000), 2004

S.I. No. 884 of 2004

Rules of the Superior Courts (Commission to Inquire into Child Abuse Act, 2000), 2004

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

S.I. No. 884 of 2004

Rules of the Superior Courts (Commission to Inquire into Child Abuse Act, 2000), 2004

1. The following shall be inserted as Order 133 of the Rules of the Superior Courts:

“

Order 133

Commission to Inquire into Child Abuse

1. In this Order:

“the Act” means the Commission to Inquire into Child Abuse Act, 2000 ;

“the Commission” means the Commission to Inquire into Child Abuse established by section 3 of the Act:

“the Committee” means the Investigation Committee established pursuant to section 10(1) of the Act:

“a direction” means a direction given under section 14 of the Act.

2 (1) An application to the Court, pursuant to section 14(3), shall be brought by way of special summons. The special summons shall be entitled “In the matter of the Commission to Inquire into Child Abuse Act, 2000 ” on the application of the Committee, and shall state concisely the direction in respect of which the application is brought and the nature of the relief sought from the Court.

(2) The said application shall be brought within twenty one days of the Committee being aware of the fact that a person has failed or refused to comply with or disobeyed the direction, or within such other time as the Court may allow pursuant to Order 122.

(3) The special summons shall be grounded upon the affidavit sworn on behalf of the Committee and both shall be served together. The said affidavit shall:

(a) where the direction was given in writing, exhibit the said direction;

(b) where the direction was not given in writing, describe concisely the nature of the direction given;

(c) state how the person is alleged to have failed or refused to comply with or disobeyed the direction;

(d) specify the relief sought of the Court in order to enable the direction to have full effect.

(4) The summons shall be served on the person concerned who shall, within twenty one days from the date of service, or within such further time as the Court may allow, file an affidavit or affidavits in reply thereto.

3(1) An application to the Court, made by the Commission pursuant to section 25(1) of the Act for a direction shall be brought by way of special summons. The special summons shall be entitled “In the matter of the Commission to Inquire into Child Abuse Act, 2000 ” on the application of the Commission.

(2) The special summons shall be grounded upon an affidavit sworn on behalf of the Commission. The grounding affidavit shall:

(a) specify the directions in relation to the performance of the functions of the Commission or the Committee, as the case may be, required of the Court; and

(b) specify the act or omission proposed to be done or made by the Commission or Committee, as the case may be, in respect of which the approval of the Court is required.

4(1) An application made to the Court by the Commission or the Committee, as the case may be, pursuant to section 26(1) (b) of the Act shall be brought by way of special summons and shall be entitled “In the matter of the Commission to Inquire into Child Abuse Act, 2000 ” on the application of the Commission or Committee, and shall state that the order sought is a disclosure order pursuant to section 26(1) (b) of the Act of 2000.

(2) The said special summons shall be grounded upon the affidavit sworn on behalf of the Commission or the Committee, as the case may be. The said grounding affidavit shall:

(a) specify the nature of the information in respect of which the Commission or the Committee seeks a disclosure order; and

(b) provide all necessary information in respect of the person in whose possession, power or procurement the said information is thought to be; and

(c) specify the interests of justice or the rights of the persons to whom the said information relates which require the disclosure order sought.

5(1) An application pursuant to rule 3 or 4 above shall be by way of an ex parte motion.

(2) In every application pursuant to rule 3 or 4 above the Commission or the Committee, as the case may be, shall seek and the Court may, if it thinks fit, give such directions as to the service of notice of the application on any person, body or party as appear necessary in the circumstances of the case or such further directions as appear appropriate.”

This rule shall come into operation on the 23^rd day of December, 2004.

This rule shall be construed together with the Rules of the Superior Courts, 1986 to 2004 and may be cited as the Rules of the Superior Courts (Commission to Inquire into Child Abuse Act, 2000), 2004.

EXPLANATORY NOTE

(This note does not form part of the Instrument and does not purport to be a legal interpretation)

These Rules amend Order 133 of the Superior Court Rules, 1986 ( S.I. No. 15 of 1986 ) and set out procedures in relation to the Commission to enquire into Child Abuse Act, 2000.