It's been a big week for the clergy and their dealings with
the police across the world. In legal matters in countries
covering four continents – India, the Dominican Republic,
Italy and Australia – clerics are being held to account by
police and civil courts. Two priests in India have been charged
with murdering the rector of a seminary in Karnataka, in
southwest India; a former papal nuncio to the Dominican Republic
has been defrocked by the Vatican for child abuse and will face
criminal charges; a bishop in Australia has been charged with
sexually abusing an adolescent 45 years ago, and a priest in
Sicily has been charged with seeking sexual favors from refugees
he was supposed to be helping. Significantly, the Vatican's
Polish-born former nuncio to the Dominican Republic, Josef
Wesolowski, was canonically convicted in record time last
Friday. He has two months to lodge an appeal against the
conviction but has still to face criminal charges that carry a
jail sentence. And in Australia, where a currently serving
bishop has stepped aside after he was charged on Monday with
allegedly abusing an adolescent in 1969, another senior cleric
will face charges following a detailed inquiry into clerical
sexual abuse over many decades in the Diocese of Maitland
Newcastle. The trial, conviction and proposed sentence –
expulsion from the clergy – of the Polish nuncio is a sign
that Pope Francis' "zero tolerance" policy towards
clerics found to have abused children is at work. And the
hastening speed with which the Congregation for the Doctrine of
the Faith is dealing with cases – more than 4,000 since
2008 – is in marked contrast to the approach in the
Vatican that prevailed until that year. For example, it took 20
years and the efforts of two successive bishops in the
Australian Diocese of Wollongong to defrock a convicted
pedophile priest. While it will be a long time until trust and
confidence in the canonical processes are restored, the evidence
of recent times is that the Vatican is out to "make
good". In fact, the Vatican has been dragged kicking and
screaming to its present position. It has been shamed into
action after inquiries in many countries have shown how
negligent Church authorities have been in the protection
provided for children in the care of Catholic institutions. The
Vatican now claims it has "streamlined" and sped up
processes that used to take decades. The rule of law in secular
societies – in the United States, Europe and Australia in
particular – has forced Roman authorities to act outside
their comfort zones and be subject to law enforcement and legal
processes that they previously had thought themselves to be
above. The Catholic Church is being held accountable in ways it
has never been before. The rule of law is one thing. Police,
courts of law and governments that legislate on codes of conduct
and mandatory reporting procedures relate to the public
accountability the Church cannot avoid where there are effective
police forces and independent judicial processes. But the rule
of law will flounder and eventually deliver far less than it
should if there is not something else. The necessary values
underpinning institutions that manage the rule of law also have
to work. Without transparency, accountability and a readiness to
recognize that public trust is much more important for the
Church than just about anything else, the reforms of legal
procedures inside the Church and a willingness to see justice
done according to the rule of law will fail. All institutions
forfeit the trust of the public unless they are nourished by
such values. And this is where the Catholic Church still has a
lot to learn about the lasting and corrupting effect of the
absence of these values. In business and government where the
rule of law applies, it is taken for granted that the failure to
be transparent, putting obstacles in the course of justice, to
declare a personal interest, failure to act on certain facts or
worse, the covering up of knowledge of misdeeds, all bring with
them the expectation that leaders, ministers and the corporate
executives involved will resign. They may not have been guilty
of any offense. But their credibility is gone and so are they.
Not so in the Church. The most notorious instance is the flight
of the then-archbishop of Boston, Cardinal Bernard Law, to the
protection of the Vatican. If he had remained in the United
States, he would have faced charges over his cover-ups of
sex-abusing clerics while he was archbishop. But he was able to
thrive in Rome as a person of exceptional influence and
apparently credible public standing. Regrettably, the phenomenon
is much wider and reaches even to the circle surrounding the
present pope in the person of a member of his council of
cardinals charged with reforming the Curia. Last year, Pope
Francis named Cardinal Francisco Javier Errázuriz Ossa,
the most powerful defender of a child-abusing priest who was
eventually convicted in a Vatican process, as one of eight
cardinals on the commission advising him on Vatican reforms.
Errázuriz refused to act on a victim's allegations in
2003, telling the priest not to worry, according to news
accounts and legal testimony. The cardinal is yet to acknowledge
and confess his failure to address the sexual abuse of
adolescent boys by a popular member of his diocesan clergy. His
credibility, or lack of it, rests on this failure. But is
anything ever done about it in the Church? And so it goes
throughout the clergy where unless someone is charged with an
offense, no recognition is given to those failures of vigilance
that do most to undermine the confidence of even committed
Catholics in the operations of the Church. Yes, by all means let
us cooperate fully with civil authorities, as is now happening
more. Yes, by all means fix the rusty wheel that Canon Law is.
But without the values to underpin the operation of the law
– without transparency, accountability and the declaration
of interest – the reform will be at best half-done.