Vatican Refuses to Hand over Documents to Royal Commission

ABC
July 5, 2014

http://www.abc.net.au/am/content/2014/s4039920.htm

ASHLEY HALL: The Vatican has declined a request from a royal commission to hand over documents about child sex abuse committed by Catholic priests in Australia.

At a conference in Sydney later today, the head of the royal commission, Justice Peter McClellan will detail the Vatican's written response.

It says the Holy See maintains the confidentiality of internal deliberations and it would be inappropriate to provide such documents.

Lindy Kerin reports

LINDY KERIN: The head of the toyal commission Justice Peter McClellan revealed last month that he'd personally written to the Vatican.

He was seeking copies of all documents that relate to complaints about abuse involving priests here in Australia.

But the Vatican has declined. In a written response, it's said it;

(Excerpt from Vatican response)

VATICAN (voiceover): Respectfully suggests that requests for all information regarding every case which includes requests for documents reflecting internal 'deliberations' are not appropriate.

LINDY KERIN: The Vatican has provided some documents to the royal commission relating to two cases.

But Justice McClellan wanted more information to find out how church authorities in Australia, under the guidance or direction of the Vatican, responded to allegations of abuse.

Leonie Sheedy is the founder and CEO of CLAN - a support group for victims of child sex abuse.

LEONIE SHEEDY: Well I'm not surprised and I feel like the Catholic Church believes it's above the laws of Australia and probably the world. And, it's treating the Australian public with contempt and the royal commission as well.

LINDY KERIN: How do you think victims will respond to this news?

LEONIE SHEEDY: I think Australian Care Leavers will just sigh and say what do you expect; it's just a replica of their behaviour for the last 200 years in this country. That they are above the law of the land.

LINDY KERIN: Australian Lawyers Alliance spokesman Andrew Morrison has represented many victims of church abuse.

He says the Vatican has a long history of refusing to assist such inquiries, including in Ireland.

He says this decision will affect the royal commission

ANDREW MORRISON: The records in Australia have largely become available, where records were kep. Now, we know that for example Father Brian Lucas, who was largely responsible for dealing with abusive clergy, deliberately did not keep records, and he's been cross-examined at some length in the royal commission about those matters.

But where there are records, and certainly records in the Maitland Newcastle diocese were quite significant, then those have been available and the Church has used them.

And inquiry into the Ellis Affair was considerably assisted by a large number of documents and the royal commission went through them with some thoroughness. So, it's not as if there's no material at all in Australia to assist - there is - and it's been of use.

But, I would simply say that it will certainly prevent the inquiry being as thorough as the royal commission wish it to be, and it's a lack of co-operation that's disappointing but unsurprising.

LINDY KERIN: And is there anything that can be done legally to compel the Vatican to hand over the documents, any avenue to appeal this decision?

ANDREW MORRISON: No, the Vatican claims the status of independent nation and in those circumstances there's nothing which can be done by government, let alone by the royal commission to compel it to produce documents.

ASHLEY HALL: Andrew Morrison from the Australian Lawyers Alliance speaking to Lindy Kerin.