The Irish Times – Saturday, December 5, 2009
Church leaders failed to grasp that sex abuse by clerics is a crime, not just a canon law offence, writes GARRET FITZGERALD
THE IMPACT of the Murphy report on all of us has been traumatic. No one who heard Marie Collins on RTÉ Radio One’s Liveline some days ago could be unmoved by her desolation at the reaction of some churchmen to the report. And the depth of anger at its revelations that has been expressed by so many members of the public will not easily be forgotten.
There is a huge sense of collective shame that hundreds of children were so terribly damaged by their treatment, and that our State was structured so that most people were kept in ignorance of this abuse.
The origins of this problem clearly lie with the authorities in Rome, whose instructions to bishops about the handing of clerical paedophile cases totally failed to recognise that such abuses are not just grave sins, but are also crimes under State law. The sin may be forgiven by the church, but the damage to the children, which is all too often irretrievable, requires punitive action by the civic authority.
For their part, organs of the Irish State, displaying a misplaced deference, not merely failed to pursue such crimes actively, but in at least some instances seem to have collaborated in the suppression of investigations.
A third stage in the moral disintegration was the efforts by members of the Irish hierarchy in the 1990s to cover up such crimes. That reaction has been successfully challenged through full-scale inquiries in three dioceses, accompanied by audits in the remaining 23, the results of which will be published shortly.
A fourth stage, initiating a belated recovery from this moral disintegration, was marked by the appointment of Diarmuid Martin as Archbishop of Dublin – a man fired by a resolute commitment to clear up this mess.
Now we are in a difficult fifth stage, as those bishops who are seen as having failed to meet their responsibilities face massive public anger. What seems clear is that throughout responsible church authorities have failed to understand the depth of the horror that clerical sexual abuse of children evokes amongst the laity. This may be one of the prices paid for celibacy.
Two particular problems arise in relation to church actions. First earlier instructions failed to advert to the fact that child sexual abuse was a crime in State law as well as a “delict”, or offence, in canon law. Combined with strict adherence to the secrecy imposed by the Vatican, this may help to explain why bishops felt, quite wrongly, they could ignore the law of the State.
Second – and if this has been referred to in media reports, I missed it – the Murphy report reveals that just as insanity is a defence in State law, so also is paedophilia – which is clearly seen by the church as a form of insanity – accepted as a defence in canon law cases of clerical child abuse. This may help to explain why a number of offenders, having been recognised by church authorities as paedophiles, and thus seen as not morally responsible for their actions, were sent to new parishes without any regard for the danger to children there – when they should have been reported to the Garda.
The most recent papal instruction on this issue was Ad Exequandam Ecclesiastica Legem , issued by cardinal Ratzinger, now Pope Benedict XVI, in May 2001. It dealt with “grave delicts in the celebration of the sacraments and against morals, reserved to the Congregation for the Doctrine of the Faith”. The only item listed under “morals” is in fact “a delict committed by a cleric against the Sixth Commandment of the Decalogue with a minor below the age of 18 years”. The Vatican instruction was that “as often as an ordinary or hierarch has at least probable knowledge of a reserved delict, after he has carried out the preliminary investigation he is to indicate it to the Congregation of the Doctrine of the Faith”. Cases of this kind “are subject to the pontifical secret . . .”, it added.
Rome was immediately overwhelmed by clerical child abuse cases from all over the world. It could not cope and, apparently, without revising its written instructions, seems simply to have told bishops to forget about Rome, and sort out the problem themselves. So, individual bishops were left to cope with their own clerical child abuse problems, which many were clearly ill-equipped to do.
Given that the Congregation for the Doctrine of the Faith and the nuncio will respond only to diplomatic approaches, in his interview with the nuncio next week – as well as through the Irish Ambassador to the Holy See – the Minister should seek an urgent replacement of the now inoperative 2001 procedure, with its secrecy provision, by an instruction that bishops abandon secrecy vis-a-vis the State when dealing with the criminal aspect of clerical child abuse, and report information on such cases to the appropriate civil authorities.
And the Minister should make it clear that he will be reporting on his communication to the Dáil. No more secret diplomacy.
Re: Garret Fitzgerald: Bishop must end secrecy on child sex abuse
Letter to Irish Times
Dated: Dec-05-09
I have always admired Garret Fitzgerald for his integrity and for me he is considered one politician who tried to put Country before self, even when facing down political gangsters. It is also fair to say that he is a writer and a man of letters but this time out he got it wrong. I could not disagree with him more.
It is not Rome that is at fault but the Vatican. This has not been made clear in his article, or the intent of that country.
How could anybody, including clergy, not know that the abuse of a child is wrong in every moral and civil under standing of the law. The Vatican knew this because they have used every tactic in its cover up. Ratzinger, who is now the pope, makes it clear in his edict to fellow clergy, that any cases of this kind are subject to “pontifical secret”. When you ask clergy to defend child abuse in this manner and they follow through on this edict with secrecy, subversion, dishonesty, and lies, they stand as equally guilty as the man who gave the order.
Garret infers that the Vatican was overwhelmed by clerical abuse cases and could not cope, and ‘apparently’ told bishops to sort out the problem them selves. Then he suggests that they were ill equipped to do so. A call to their local police station or social worker might have got things going, and one to their conscience would have guaranteed it.
Any religion or group that supplants, promotes, and supports their version of the law above and against the law of the land of their host country, are breaking the law. This applies to all citizens, including the police and state. The Vatican only seeks to distance itself from accountability and because of it the papal nuncio should be given no credibility or respect. If when we do that we will lose ours .
There is hope but the political tenacity will be found wanting again, for even now the government is waning on the request for a tribunal to investigate the rest of the dioceses regarding child abuse. Without this proof the religious will say ‘It never happened’. A wider tribunal will help to uncover the full horror across our land and bring closure at last. We should as a nation not accept anything less.
Barry Clifford
The Irish Constitution states under section 13.6 any wrong done to an Irish citizen should be rectified by the president and the Irish Government.
When I asked for help from Mary McAleese the reply was. “She was constrained by her official duties to intervene in the matter”
May Henderson
The deeper I dig into my family past the more evil I uncover. It’s no wonder that people like me who escaped that sick twisted Church State, kept the secrets of our past hidden.
When no one in Ireland would believe us. That is up until recently. It’s hardly surprising that outside of Ireland, people listen in sheer disbelief at the treatment visited on vulnerable children.
In recent weeks I’ve learned aspects of the family I’d never gotten to know.
The parents marriage broke down after the death of two boys. The father took custody of two girls (my sisters). The younger of the sisters (7 year old) and I, a baby, were passed through the courts and sent to Industrial Schools.
The father managed to have the sister returned to him after two years.
According to the records the Gardai (Irish Police) were instructed to return the girl to the school.
The reason for revoking the father’s license/consent; she was attending a non-Catholic School.
The older sister (then 11 yrs old) was attending the same school and completed a happy and successful education there.
There is so much more to the story which illustrates a callous, cruel and non-compassionate Church State towards its citizens.
In spite of all the rules of the State it appears that many managed to beat the system.
I feel sure that my father was not the only one to successfully opt out of the sick twisted system.
My question? How many people were living ‘immorally’?
Have I unearthed another facet of holy Ireland.
I’d say to the Church: ‘Let him without sin cast the first stone.’
When the stones start flying the Irish clergy will be buried under many boulders!
FXR, Mary McAleese is the same as the rest of them.
We wrote to her numerous times for specific help and was “promised” our letters would be sent for “actioning”..We never heard from anyone after that.
Is there anyone out there in power not for sale!??!
Who will be the one, with that power,to stand up for all the victims and go against the grain???…
I now know with what’s to unfold, as it gets deeper and deeper all those who have wronged us,deceived us,all those in state and church will be revealed for what they are.. REPTILIANS! Sadly, slowly but surely I feel that the public will wake up. It’s already happening,and I know JESUS is smiling because you can never hide the truth.
For every tear drop shed by that frightened child, as “the holy ones” stood over us, all masterful, strong and mighty! They to lost a drop of blood, and nothing but ice runs through those veins.
Anne
When the war of Independence ended British occupation it ushered in and copper fastened the occupation of Ireland by Vatican State.
That occupation is ongoing. The results are only hinted at in the Ferns, Ryan and Murphy reports.
Holy Mary McAleese will no doubt trot off to Lourdes or Rome again next year with members of the Garda and Army in tow at taxpayers expense as usual. I wonder has she rescinded the invitation she extended to Herr Ratzinger “on behalf of the Irish people” (sic) to visit Ireland for one of his triumphalist parades.
Why the softly softly approach? It makes no sense! When Ratzinger was running things behind the scenes during JPII’s occupation of the Vatican he enforced, on pain of excommunication, Crimen sollicitationis which were instructions to cover-up sexual violence (and bestiality) by clergy.