Month: July 2011

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Catholic church’s plea could rule out damages for priests’ abuse

Victims’ lawyers condemn ‘scandalous’ defence that Catholic priests are not legally employees of the church

Mary McAleese

Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees.

In a little publicised case heard this month at the high court, the church claimed that it is not “vicariously liable” for priests’ actions. The church has employed the argument in the past but this was the first time it had been used in open court and a ruling in the church’s favour would set a legal precedent.

The use of the defence raises further questions about the church’s willingness to accept culpability for abuse. It follows a damning report into abuse at the diocese of Cloyne in Ireland which prompted the Irish president, Mary McAleese, to call on leaders of the church “to urgently reflect on how, by coherent and effective action, it can restore public trust and confidence in its stated objective of putting children first”.

Those planning to bring claims in relation to the high court case expressed dismay. “As children, we weren’t given an innocent, carefree and safe environment,” said one. “We weren’t given a peaceful structure in which to grow and develop normally. By some miracle, some of us are still here to voice the words of so many who can’t. Only a small number of victims ever come forward. The full potential of who we could have been as adults has been stolen.”

The church’s defence has been condemned by lawyers. “I think the Catholic church’s attempt to avoid responsibility for the abhorrent actions of one of its priests is nothing short of scandalous,” said Richard Scorer of the law firm Pannone, which specialises in abuse cases. “The Catholic church would be better served by facing up to its responsibilities rather than trying to hide behind spurious employment law arguments.”

The ruling is being made as part of a preliminary hearing into the case of “JGE”, who claims to have been sexually abused while a six-year-old resident at The Firs, a children’s home in Portsmouth run by an order of nuns, the English Province of Our Lady of Charity. “If we fail, it would mean that no other victims of Catholic priests would be able to be compensated,” said Tracey Emmott of Emmott Snell, a specialist in working with sexual abuse claims who is representing JGE.

JGE alleges that she was sexually abused by Father Wilfred Baldwin, a priest of the Roman Catholic diocese of Portsmouth and its “vocations director”, who regularly visited The Firs during the 70s. Her legal team claim the nuns were negligent and in breach of duty, and that the diocese was liable for Baldwin’s alleged abuse as he was a Catholic priest engaged within the work of the diocese.

Previous hearings in the House of Lords and the court of appeal relating to other church organisations have found that ministers should be treated as employees. But there has been no judgment yet on whether the relationship between a Catholic priest and his bishop is akin to an employment relationship.

“They claim that the relationship between the bishop of the diocese and the parish priest in question does not amount to anything akin to a relationship of employment, and therefore there cannot be any ‘vicarious liability’ for the priest’s acts,” Emmott said.

“That is to say, whatever sexual abuse their priests might commit, it is not their responsibility. They are absolved of blame. We need to show that, while Father Baldwin wasn’t strictly an employee of the church, he was acting on the bishop’s behalf and that the bishop clearly had a degree of control over his activities.”

Criminal proceedings against Baldwin, who was the subject of a police investigation, concluded when he died of a heart attack in 2006.

Complete Article HERE!

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The Power of Religion To Influence Corporate Responsibility

The recent experience of the near calamitous meltdown of the financial system was a clear indication of what can happen when unbridled greed and inadequate regulation are given free rein. The controversies swirling around News Corp are another ugly example of what happens when an ethical values system isn’t in place in the boardroom and powerful, intimidating personalities are given permission to create a culture that prizes “scooping” their competitors over serving the public good.

The question is: what can these debacles teach us about the role of ethics and morality in the marketplace and, perhaps more importantly, are we ready to learn?

As the director of the Faith Consistent Investment ministry of my congregation, I have been engaged in shareholder advocacy and corporate social responsibility since the early 70s. Recognizing the enormous influence global corporations have to impact the “common good”, my colleagues and I press CEOs and management to scrutinize their business practices on a myriad of issues from policies on lending and executive compensation, to water use in drought-prone areas and to human rights abuses in the supply chain wherever they source products or services. In the early 90’s I began to notice that corporate management referred quite often to the unique culture of their particular company and the values and practices that flowed from that culture. It became clear to me that there was a concerted effort on the part of responsible management to codify these values within the context of an identity statement that was part of the organizational DNA that would govern both its internal and external behavior.

An ethical values system has proven to be an important ingredient in the delivery of quality services and products, and the key to building customer loyalty, employee satisfaction and long term viability. But where do these values systems come from?

Historically, it can be demonstrated that the impact of faith on the social responsibility of any given corporation can be traced directly to the religion and character of the owner or CEO and how he/she integrated their value system into the corporation’s identity and operations. It was generally assumed that the decisions and actions of the business leader directing the corporation were significantly influenced by the religious principles at the foundation of their personal lives.

Religion’s impact is also seen through debate in the legislative and rule making processes whereby societies regulate businesses. As corporations are granted a license to operate they are expected to comply with the principles and constraints that are included. Basic values such as honesty, transparency, responsibility, fairness and integrity that are common to most faith traditions are included in this social contract.

A number of things that have changed over the last 75 years have profoundly impacted the intersection of religion and corporations. Let me briefly identify four of these changes and the consequences that flow from them.

Evolving Business Models: The Limited Liability Corporation (LLC) is the predominant business model today. LLCs whether public or privately held are managed and owned by a diverse group of professionals and shareholders, each with their own religious beliefs. These new models are less likely to be strongly shaped by the values and beliefs that business leaders or employees bring to them.
Influence of Corporations on all aspects of life: The legislative and political landscape, our culture and priorities are all profoundly shaped by the influence of corporations. This is true within the business and economic sectors, but also in the development initiatives that are taking place in some of the remotest villages and communities across the world. These are spaces where religious institutions, as spiritual guides and teachers of their followers, compete directly for public influence.
Access to information: The democratization of information through the development of the Internet and other modes of communication and travel have uncovered accounts of corporate abuses from all corners of the world. This has awakened an acute awareness of the relatedness that exists between people and communities because of the products and services that they rely on.
Active ownership of shareholders: Church communities and values-driven individuals who hold shares in corporations or are stakeholders in corporations have become increasingly more organized and active in the responsible exercise of their ownership and their stakeholder positions. This has resulted in direct and productive engagement by religious institutions with the management of major global corporations on a host of issues.
But for too many of us, corporate behavior is an abstraction and disconnected from our daily lives and so, the Banking and News Corp headlines are just that: headlines that produce momentary outrage but no meaningful change in corporate behavior. We must demand that corporations behave ethically and in service of the common good and bring values back to the boardroom.

Complete Article HERE!