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	When Justice for All Means Anything but The Hierarchy's Concern for the Law Is in Stark Contrast to Its Failures on Abuse By Colum Kenny Irish Independent February 10, 2008 http://www.independent.ie/opinion/analysis/when-justice-for-all-means-anything-but-1286290.html So many lawyers were trying to get into Court 13 for the first session of Cardinal Connell's case last week that a queue formed in the corridor. Meanwhile, Irish people were kept in the dark and fed confusion about what is really going on. Connell seems to be playing hard ball. Reports that he has said that he is prepared to go to jail to defy the State's child abuse investigation will not only appal Catholics, they also put pressure on the State, and even on the High Court, to think twice before forcing such an unseemly confrontation. Several explanations have been implied or asserted for Connell's decision to go to court to stop the inquiry reviewing material the cardinal claims is privileged. One minute depicted as a poor divil, the next as a man of high principle, Connell himself is lying low. And he is not the only cardinal in a fix. Cardinal Sean Brady sat on the fence last week, telling us that "The Irish bishops are united and determined in their efforts to facilitate the establishment of the truth in this matter" (I think that means "The Irish bishops want the truth", but you can never be sure when hierarchy speak). Brady failed to criticise Connell for his action in blocking the truth. Why? This is a hierarchy that had no problem earlier this month condemning married couples who use condoms as "wrong". Brady cautioned us that the Pope says on child abuse, "Justice must be ensured for everybody; that is very important". These are words that mean what they say, but what they say is not what many listeners might understand them to mean. Brady's phrases can only be understood in context. For one thing, the bishops have done too little too late to "facilitate" the truth. It has been dragged from them, and the official investigation in Dublin came after the Catholic Church's own internal inquiry reached an impasse. Even still, today, only one diocese is being investigated. So what does it mean, in practice, to say that the bishops want the truth? And when Cardinal Brady says that the Vatican wants justice for all, he is talking, in this context, about protecting the rights of priests as well as victims. Innocent priests are understandably worried about false accusations. All persons have particular rights, among which is the right to take legal advice in private. But the Vatican's tender concern for the niceties of law, even in the case of those priests who clearly interfered with children, is in stark contrast to its failure to root out abuse over the years. It has long hampered, in high-sounding ways, the campaign for justice for victims. In any event, the State's Commission of Investigation into the Dublin Archdiocese never intended to open every document in Drumcondra to public scrutiny. The inquiry which holds the documentation the Cardinal wants to keep under wraps is itself quite secretive, set up under new legislation that was partly intended to keep investigations brief. This new kind of commission also serves to put contentious matters back behind closed doors. It makes it harder for observers to know what is going on and to spot flaws in the investigation. So far, no sessions of the investigation have been held in public and no victim group has given evidence, although Cardinal Connell himself was heard by it four times before trying to stop the inquiry looking at the documentation at issue. Indeed, even that older ongoing investigation, the Commission to Inquire into Child Abuse (mainly in institutions) has been criticised by survivors of abuse for being less than completely transparent when it comes to religious orders. Some victims feel cheated of a chance to question witnesses. Chaired by Judge Sean Ryan, that inquiry expects to issue its final report by October. Archbishop Martin is said to have released all relevant files to the newer investigation, chaired by Judge Yvonne Murphy. Contrary to reports, files released by him include those on insurance matters. Murphy will determine if some of the Archbishop's files are privileged in law, and then exclude any such privileged material from consideration and from the final report. Even if Cardinal Connell had never resorted to going before the court to assert his personal privilege, this investigation was never going to see all Church files either used or published. The investigation is obliged by law to examine only "a representative sample". It needs to take an overview of everything that exists in Drumcondra before it can determine what is "representative". But one way or the other, rightly or wrongly, no matter who wins this court case there is little chance that the full truth will emerge, even in the Dublin inquiry. And if Desmond Connell wins, we will learn even less. "Justice for everybody" sounds like a compassionate and reasonable plea; but, in practice, it has signalled a rearguard action by the Vatican and others to make it as difficult as the law can make it to get justice quickly. Connell has enjoyed a much closer relationship with the present Pope, for whom he probably voted three years ago, than he has with Irish abuse victims or their families. Not that victims get much of a look-in even yet. They were not represented in court last Monday, although plenty of lawyers packed in. They will not be invited to join this action, with all their expenses paid by the taxpayer or the faithful, as expenses are for others. Opinions differ about the impact of this case on the faithful, or the faithless. One critic has accused me of being "ridiculous" in suggesting last week that Catholics are in despair. He points out that, "a recent survey has shown that Sunday attendances are increasing again" and disagrees that bishops are unsupportive of Archbishop Martin. He writes that bishops were entitled to go to Rome to celebrate when Sean Brady got his red hat, and compares this to "journalists, for instance, with their annual awards presented with bow tie and evening dress". "What a pity that you had to be so vitriolic, as is your wont when writing of the hierarchy," he adds. So let me end today on an upbeat note, by mentioning that the hierarchy's Commission for Justice and Social Affairs has organised an open conference at Croke Park for Monday, February 18 on the theme 'Who is my neighbour?'. This will examine some implications for Ireland of the recent papal encyclical God is love. Hopefully such a constructive event will not be overshadowed by Cardinal Connell's continuing court case.
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