Canon Law Can Play a Vital Role in Protecting Children

Irish Independent
September 6, 2012

http://www.independent.ie/opinion/analysis/michael-kelly-canon-law-can-play-a-vital-role-in-protecting-children-3221550.html

IT'S almost 20 years since the Irish Catholic Church hierarchy established an 'advisory panel' to deal with the scourge of clerical sexual abuse.

They were on a 'learning-curve' then, the argument goes, and they didn't know that the abuse of a child was a crime.

It must have been one hell of a learning curve if Bishop John Kirby's comments on paedophilia are to be taken at face value.

Yesterday, as a report was published that showed how he had moved two priests accused of abuse to another parish in the early 1990s, the Bishop of Clonfert said he thought at the time that the abuse of a child was a "friendship that crossed a boundary line".

Dealing with abuse, Bishop Kirby told Galway Bay FM, had been a "very difficult experience" for him.

The same audit found that Bishop Kirby, as recently as last year, had no written procedures to deal with allegations of abuse in his diocese. This fact is hard to fathom after the publication of the Ferns Report, the Ryan Report, the Dublin Report and the Cloyne Report.

He failed to have written procedures in place until earlier this year, despite agreeing he would do so some years ago.

Bishop Kirby has had a high profile among members of the hierarchy. A familiar face in Leinster House, he has used his role as chairman of Trocaire to lobby successive governments on a wide range of issues in relation to the developing world.

A veteran campaigner, he was also the guest of President Michael D Higgins in Aras an Uachtarain recently at a reception to welcome Nobel Peace Prize Laureate Aung San Suu Kyi.

Worthy as these causes are, is it churlish to suggest that perhaps his time might've been better spent ensuring his diocese had robust child protection procedures in place?

In fairness, the seven audits of the National Board for Safeguarding Children in the Catholic Church (NBSCCC) published yesterday reveal a church that has experienced a very welcome cultural shift when it comes to handling abuse -- at least in parts.

The four dioceses audited -- Kildare & Leighlin, Cork & Ross, Clonfert and Limerick -- paint a picture of routine cooperation and sharing of information with the civil authorities. When allegations are forthcoming, the gardai and HSE are immediately informed.

This builds on the largely positive reports published last year about Raphoe, Derry, Ardagh and Clonmacnoise, Kilmore, Tuam and Dromore.

Some of the audits of the religious congregations, however, offer a depressing glimpse into a corrupt culture.

As recently as last summer, it was evident that the Missionaries of the Sacred Heart (MSC) were not reporting allegations to the gardai.

NBSCCC officials were so appalled when they began their audit last year that they immediately ceased the probe and insisted the order forward all allegations to the civil authorities before the audit could resume.

At the time, a new superior had just been elected to lead the order and evidently his tenure has ushered in a sea change in how the missionaries approach the issue.

The audit of the Spiritans -- once known as the Holy Ghost Fathers -- also shows a worrying trend to avoid reporting allegations to senior church authorities in Rome.

What's the problem, some will ask, so long as the allegations are reported to gardai? The problem is that conviction rates for the crime of abusing a child are so low.

Of the 146 priests who were subject to an allegation, just 12 were convicted. However, canon law can play a vital role in protecting children from abusive priests.

The burden of proof necessary to be found guilty in a canonical trial is considerably less than in a criminal case.

A priest against whom gardai cannot proceed can have his movements and activities restricted by a church tribunal. A number of priests in Ireland suspected of heinous crimes have never been convicted in the courts but, nonetheless, will have to spend the rest of their days living under supervision in a religious house.

Child protection experts are in agreement that such a scenario is infinitely preferable to casting such priests adrift where they may pose a threat to a community.

Unless the Vatican is informed about these cases, as has been required by church law since 2001, they are powerless to act.

The NBSCCC was established in 2006 as an independent body. Critics quickly pointed out that the board was funded by the church and wondered if the adage "he who pays the piper calls the tune" would soon be proven correct.

They were mistaken, as were bishops and religious superiors who thought the establishment of such a body would have little impact on how they govern the church.

They got a rude awakening when NBSCCC chief executive Ian Elliott forced the resignation of the Bishop of Cloyne, Dr John Magee, with a damning report.

Now that Mr Elliott has assessed three of the country's religious orders, he will begin work on the next phase.

THERE are 159 religious orders awaiting audit. While last November's audit of six dioceses proved largely positive, yesterday's reports -- particularly from the religious orders -- were much more disturbing.

This has given further weight to the argument proposed by some within the church that the weak link in the child protection structures are the orders.

Of course, it'll take another round of audits to see if this is a pattern or if yesterday was a blip. It certainly proves that it's not enough to simply have policies in place. There must also be ways to ensure full co-mpliance and name and sha-me those who doggedly refuse to put child protection first.

Michael Kelly is deputy editor of 'The Irish Catholic' newspaper and on Twitter @MKellyIrishCath