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	The Church Procedures for Dealing with Child Sexual Abuse - Page 5 Cloyne Report July 14, 2011 http://www.justice.ie/en/JELR/Cloyne_Rpt.pdf/Files/Cloyne_Rpt.pdf [excerpt] 1.17 Despite Bishop Magee's stated position on the implementation of the Framework Document, the reality is that the guidelines set out in that document were not fully or consistently implemented in the Diocese of Cloyne in the period 1996 to 2009. The primary responsibility for the failure to implement the agreed procedures lies with Bishop Magee. It is a remarkable fact that Bishop Magee took little or no active interest in the management of clerical child sexual abuse cases until 2008, 12 years after the Framework Document was adopted. As a result of this vacuum, the diocese's functions in the matter of clerical child sexual abuse were, by default, exercised by others. The principal person involved was Monsignor O'Callaghan. He did not approve of the procedures set out in the Framework Document. In particular, he did not approve of the requirement to report to the civil authorities. He was totally familiar with the reporting requirements set out in the document and he implemented them in the Fr Corin case (see Chapter 10). He did not do so in many other cases. 1.18 The reaction of the Vatican to the Framework Document was entirely unhelpful to any bishop who wanted to implement the agreed procedures (see Chapter 4). The Congregation for the Clergy told the bishops of Ireland that the document was "not an official document of the Episcopal Conference but merely a study document". The Congregation further stated that it contained: "procedures and dispositions which appear contrary to canonical discipline and which, if applied, could invalidate the acts of the same Bishops who are attempting to put a stop to these problems. If such procedures were to be followed by the Bishops and there were cases of eventual hierarchical recourse lodged at the Holy See, the results could be highly embarrassing and detrimental to those same Diocesan authorities. In particular, the situation of 'mandatory reporting' gives rise to serious reservations of both a moral and a canonical nature". This effectively gave individual Irish bishops the freedom to ignore the procedures which they had agreed and gave comfort and support to those who, like Monsignor O'Callaghan, dissented from the stated official Irish Church policy. Bishop Magee's position on the Framework Document 1.19 In evidence to the Commission, Bishop Magee said that he was fully committed to the implementation of the Framework Document and was shocked to discover in 2008 that it was not being implemented. The Commission considers that this response is totally inadequate. It became clear during the course of this investigation that Bishop Magee had, to a certain extent, detached himself from the day to day management of child sexual abuse cases. Bishop Magee was the head of the diocese and cannot avoid his responsibility by blaming subordinates whom he wholly failed to supervise. 1.20 While Bishop Magee must take ultimate responsibility, in practice the implementation of the Framework Document was stymied by Monsignor O'Callaghan. His limited and incomplete compliance with it is described in this report.
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