Micheál Martin: State apology for Waterford abuse failures

Thank you Keann Comhairle. Keann Comhairle, the terrible crimes of Bill Keneally were those of a predator who for decades abused young boys in Waterford City and its surrounding area. Keneally was ultimately convicted of some of these appalling sexual crimes. He received total sentences of nearly 19 years and died in prison last month, just over halfway through his term. The report of Mr Justice Michael White arising from the South East Commission of Investigation has been presented to the government, the Oireachtas, and published in full. It makes harrowing reading. It tells a story of betrayal, manipulation, abuse, failure and pain. Keneally's criminal trial concerned the period 1979-1990. However, others made statements to the Gardaí and gave evidence to the Commission about allegations of abuse that did not go to trial and that covered the period from 1970-1993. As Mr Justice White records, due to this time span of nearly 25 years, generations of boys were abused and traumatised. During the period of his criminal activity, any young boy who came under his influence was at risk. It has been shown that in late 1987, details of some of his activities became known in Waterford to two senior Garda officers and some other Gardaí, the principal of a secondary school, a retired politician, a senior clergyman, a psychiatrist and to some, pardons of victims. The contact with the Gardaí in 1987 did not stop the sexual abuse. Bill Keneally was not brought to justice until a formal complaint was made by one of his victims, Jason Clancy, in December 2012. The crimes of Bill Keneally were cruel and exploitative. As Mr Justice White records, he was intelligent, manipulative and an expert at grooming children by developing trust and affection but also by using fear. He photographed many of the boys with a Polaroid camera which could instantly develop photographs of them in compromising positions, using these to blackmail the boys into keeping silent. He regularly used restraints on children and employed alcohol, money and gifts to assist in grooming and in the commission of his awful offences. One of the tasks that Mr Justice White was asked to complete was to report on the adequacy or appropriateness of the response from the Gardaí when they were first informed in the mid-1980s of Bill Keneally's activities. The commission heard evidence from retired members of the Gardaí who were active in 1987 and from those who commenced the successful Garda investigation in 2012. The commission examined the quality of the Garda investigation in 1987 by applying the standards and guidelines applicable at that time. It is vital to emphasise that the behaviour of Bill Keneally was common knowledge amongst many young people in the area. So when the parents of one of the victims contacted the Gardaí in 1987, the likelihood that these allegations were only the tip of the iceberg, as Judge White puts it, should have been acknowledged and should have prompted a much more active and committed response. As the judge recounts, when senior Gardaí left the victim's home on St Stephen's Day in 1987, there could have been in no doubt that a 14-year-old boy had been sexually assaulted, that restraint had been used, and there was a probability that one other boy had been sexually assaulted, and it was possible there was a third victim. The report makes clear that Bill Keneally could have been arrested on suspicion of false imprisonment and indecent assault. This would have enabled the search of his residence and his car, and it is highly likely that the compromising photos he had taken would have been uncovered. But this didn't happen. Instead, the victims had to deal with the grim reality of an investigation that was, in the words of this report, unprofessional, rushed and inappropriate. It took another 25 years for Bill Keneally's behaviour to come under serious scrutiny when a Garda investigation commenced in 2012. It was totally improper for senior Gardaí to contact relatives of Bill Keneally, namely his uncles Billy, a former TD, and Monsignor Shine. The Commission makes clear that exposure of Bill Keneally was not an attractive prospect to them, and they sought to downplay the gravity of these offences through the smokescreen of a referral to a psychiatrist. Based on the very clear evidence, Judge White states that the failure of Acting Chief Superintendent Cashman, and to a lesser extent Acting Superintendent PJ Hayes, after December 1987, to conduct a proper investigation into the activities of Bill Keneally was a clear and serious dereliction of duty, even by the standards of the time in 1987. This has been a major failing by an organ of the state that cannot be downplayed. No words from government can make up for the theft of childhood from so many young boys, for the appalling abuse they suffered, and the enormous trauma they have experienced in their lives as a result. But we must acknowledge the failings that led to these awful outcomes, in recognition of the horrific experiences, the bravery of his victims, and also to ensure that it can never happen again. As Taoiseach, I apologise unreservedly on behalf of the state to the victims of Bill Keneally for what was a clear and serious dereliction of duty. Many of those victims who I have had the honour of meeting on a number of occasions are here today with their families. You waved your anonymity in order to ensure that the heinous crimes of Bill Keneally were exposed and that other young boys were protected. I want to apologise to those men, Jason Clancy, Paul Walsh, Kevin Keating, Colin Power, Barry Murphy, Simon O'Toole and Gerard Malan. There are also many other victims of Bill Keneally who were witnesses before the Commission of Investigation and who wish to remain anonymous. Mr Justice White records that there were 22 such witnesses. I want to say that we fully understand and respect their wishes and to emphasise that we apologise to each of them. I also regret to say that there are no doubt victims who decided, silently and understandably, that they did not wish to give evidence about how they were abused. To those unknown men, I also extend a deep and sincere apology. I want to acknowledge all of these victims. I want to recognise that we would not have this report, we would not have the truth and there would not be this State Apology without the remarkable bravery and strength of Keneally's victims. Their fight to ensure that there was a public inquiry has been fully vindicated. There is a very real public benefit in recording what happened in Waterford. This report is a warning to all of what can happen when people in positions of authority do not do their job. Mr Justice White has also made a serious finding against former members of this House. The Commission addresses the knowledge of Billy Keneally Sr, who was a former TD when he was informed of the activities of his nephew in 1987. Mr Justice White also concludes that his son, Brendan Keneally, TD's subsequent actions in 2001 at the very least fell substantially below the standards the Commission would expect from a TD and of Mr Keneally's experience. He notes that Brendan Keneally had one obvious option, to report this matter to the Child Protection Services of the Southeastern Health Board in Waterford and ask that service to carry out a risk assessment. The actions of three influential relatives, former TD Billy Keneally Sr, Monsignor Shine and then TD Brendan Keneally, constituted a failure to bring the matter into the public domain or to report the matter to the relevant statutory agencies. A failure, in short, to protect children. There is no question about the duty public representatives have to put the safety of others first. And I repeat the fact that two TDs, Billy Keneally Sr and Brendan Keneally failed in that duty to the victims of Bill Keneally. They failed the victims by putting their own relative first. I am profoundly sorry that two former public representatives from my party so comprehensively failed to defend and protect young children from their nephew and cousin. If there is any solace to be taken from this harrowing report, it is that Mr Justice White acknowledges that the change in legislation and services and understanding of child sexual exploitation since 1987 has been profound and the approach of the statutory services has changed beyond recognition. On Gordish O'Connor now have a more modern and professional approach to dealing with complaints of sexual exploitation of children, including investigation of historical child abuse. Bitter experiences taught Irish society that sexual exploitation of children can come from all sources and Judge White's report reminds us of the importance of listening, of empathy and engagement when victims of sexual abuse do come forward. Victims may have tried to raise their plight in the past and not been dealt with in a sensitive manner. This burden can weigh heavily upon them and lead to suspicion and mistrust if contact is not sustained once allegations are received. I would urge all public officials to be aware of this and strive to keep victims fully informed on an ongoing basis. Another issue that Mr Justice White asked to be addressed is the absence of a criminal offence of misconduct in public office. He finds that there is no such offence of serious dereliction of duty by a public official which falls short of deliberate perversion of the course of justice. He recommended that this issue be referred to the Law Reform Commission for urgent consideration and this has already been done. Last week at the request of the Minister for Justice, the Attorney General formally referred this issue to the Law Reform Commission. It is entirely proper that public officials are held to the very highest standards and are seen to uphold them. If we fall short as public officials did so clearly in this case, then we must be held to account and dealt with by exacting laws. Otherwise, trust in the institutions and basic functioning of our state will be undermined. I am also aware that some of the victims of Bill Keneally have instituted proceedings against Angorda Seacona for his dereliction of duty. I would like to see those and any future proceedings resolved as quickly and as fairly as possible. For those victims who spoke to the Commission, including those who wish to remain anonymous, officials in the Department of Justice are considering a means of providing redress outside of the legal process and will engage with victims directly in relation to this process. Finally, I want to thank Mr Justice White for producing this thorough and accessible report. The best that an inquiry can do is produce a report that hopefully provides answers. I believe this report does provide answers for the victims of Bill Keneally and is a testament to their bravery and resilience. To each of those victims here today or listening from home, I hope that the apology I have issued on behalf of the state reassures you that the state acknowledges the harm that was done to you, the dereliction of duty that contributed to that harm, and our determination to do everything we can to ensure that no other child has to go through what you went through. Go raibh maith agat.