By Caroline O’Doherty
Irish Examiner [Ireland]
March 27, 2007
http://www.examiner.ie/irishexaminer/pages/story.aspx-qqqg=ireland-qqqm=ireland-qqqa=ireland-qqqid=28830-qqqx=1.asp
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Victims of clerical child sex abuse in the Diocese of Ferns could face delays in receiving compensation because of a dispute between the diocese and the Government over legal fees.
The diocese owes €2.7 million to lawyers for representation during two abuse inquiries, the initial Birmingham Investigation and the follow-up Ferns Inquiry, chaired by Judge Frank Murphy who concluded it should be reimbursed its legal costs. A year after submitting its bill to the Department of Health and Children, however, no money has been paid, and administrators have been trying to secure a meeting with the minister to seek an explanation for the delay.
In a tersely worded statement issued to the Irish Examiner, however, the department says no promises were ever made that legal costs would be paid.
"In co-operating with a non-statutory inquiry into a substantial number of allegations of child sexual abuse against clerics of the Catholic Diocese of Ferns, the diocese availed of legal representation and incurred legal costs," the statement reads. "The Government has not given any commitment to the diocese in respect of assisting it with its legal costs."
It goes on to say that the Attorney General has been consulted and a definitive response would be made to the diocese "within the coming weeks".
Diocesan secretary Fr John Carroll said the department's position was news to him. "The diocese has sought to meet the minister and we have had no response to that request."
Fr Carroll said the diocese had understood that reimbursement of costs would not be a problem so long as it co-operated with the inquiries. "Government called the inquiries and Government sought our co-operation. We endeavoured to co-operate as fully as we could and that has been recognised by Judge Murphy." He said the legal bill and the prospect of having to find alternative ways to finance it could slow the payment of damages to abuse victims who submitted claims totalling more than 10m, about half of which have been settled.
"Any claim we have had to date, we have met it promptly but we are hitting that point where this issue is impeding our ability to do so."
Deirdre Fitzpatrick, advocacy director of the One in Four organisation, however, said the diocese could not blame the inquiries for running up its legal bills as it would have had to get its files in order to meet its commitment to pay damages to victims.
"The individual victims who went before the Ferns Inquiry did not have legal representation and they should not now be used as pawns in this dispute in an attempt to twist the arm of the Department of Health.
"At the same time, we do recognise that the judge recommended the Department pay the costs. One side or the other needs to take responsibility because it is not acceptable that people who were abused would be made suffer further," he said.
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