A Failure to Protect

The Irish Times
February 3, 2012

http://www.irishtimes.com/newspaper/opinion/2012/0203/1224311174966.html

[Garda Inspectorate reports]

A REPORT by the Garda Inspectorate into consistent failures by members of the force to properly investigate, record and prosecute cases of child sex abuse makes for disturbing reading. An excessively deferential approach and a reluctance to apply for search warrants to secure church records are suggested as contributory factors. It sounds familiar. Hasn’t that kind of weak-kneed reaction to potentially illegal or criminal actions by senior church, business, banking and political individuals been tolerated for decades?

It is important to realise that this investigation was ordered in the aftermath of the Murphy report concerning clerical sex abuse in the Dublin archdiocese and it deals with criticisms of the Garda Siochana from 2009. The report was delivered in 2010, as public anger over denials and cover-ups by the Catholic hierarchy overflowed and a fresh investigation was launched in the Cloyne diocese. In the circumstances, withholding the document to avoid the Garda being caught up in public condemnations was understandable. The official reason given for the delay was “legal constraints”.

Poor management, indiscipline and inadequate Garda record-keeping has come under scrutiny in recent years. The Morris tribunal, which investigated corruption in Donegal, recommended the establishment of a Garda Inspectorate to review professional standards and to promote best international practice. In this case, it found that record-keeping was so poor that up to 65 per cent of sex crimes against children were not officially noted. Many were not recorded as criminal offences. And a poor level of co-operation existed between the Garda and the Health Service Executive in responding to abuse cases.

Public bodies and successive governments have failed to protect and uphold the rights of children and vulnerable individuals. Months before the Murphy report generated public anger and consternation, the Ryan report into similar abuses within religious-run institutions found that, by their silence and inactivity, State agencies had colluded in the physical and sexual abuse of children. Given such unambiguous condemnation of official laxity, it became necessary to implement recommendations from the Garda Inspectorate report before releasing the document.

The good news is that many of the proposed reforms have been put in place, including a change of policy that allows sex abuse complaints through a third party to be investigated. Gardai have been specially trained to interview children and Garda authorities have made it clear that deference to the church has no place in criminal investigations. These are positive developments that will enhance public confidence and address any suggestion that canon law should take precedence over State authority. Traditional mind-sets and public attitudes are changing towards those in authority. The law is designed to uphold civilised standards and to punish transgressors. For a democracy to function effectively, the rules must apply to everyone, without exception.