Clergy doing right thing is about timing not morality

Primate Sean Brady insists the long-awaited report into the mishandling of child sex abuse allegations by the diocese of Cloyne is “another dark day” in the history of the Irish Church. In this, as in so much else, he is entirely wrong. Any day on which light is cast on the obscure, murky workings of the Church is a day of illumination rather than darkness. That what it reveals is so utterly vile and contemptible is another matter altogether.

A previous such occasion, of course, was when Sean Brady’s own involvement in the cover-up of priestly perversion was revealed in 2009, when the faithful discovered how he had, 30 years earlier as part of an internal investigation into allegations against notorious paedophile Fr Brendan Smyth, made children sign oaths not to tell anyone that they had been abused.

Smyth, one of the most repulsive characters ever to wear priestly garb, went on to abuse dozens more innocents before being finally arrested; but even then, Primate Brady refused to take full responsibility by resigning, claiming that he was, in effect, only following orders, and that this was how things were back then. He also claimed that the current climate was a “totally different one to that of the past”.

It was a line echoed by Ian Elliott, CEO of the National Board for Safeguarding Children in the Catholic Church, who also said in 2009 that the progress towards better procedure had been “truly remarkable” and that there were now “champions for children” in place who wouldn’t let the same mistakes be made. “Remarkable” was bad enough, as if now allowing children not to be abused was some massive achievement, rather than the absolute minimum anyone could expect from those entrusted with their care; but it now turns out that these lauded champions weren’t up to the job either.

The report by Judge Yvonne Murphy shows conclusively that, as late as 2009, the diocese of Cloyne was still not following proper procedures on the reporting of sex abuse which the Church was supposed to have adopted 12 years earlier. In fact, they went further and deliberately misled the State about what they were doing. Despite the fact an internal church report in 2003 had found that Cloyne was putting children in danger by not following up allegations thoroughly, Bishop John Magee still told the late Brian Lenihan, then minister for children, that they were fully compliant, when they weren’t even bothering to make private enquiries as to whether accused priests had targeted other children.

And what is the response to all this? John Magee has vanished into the mist, maybe America, no one seems to know — which is to say that the Vatican surely knows, but they’re not saying either — and all that’s come from him is a statement, issued through a PR company in Dublin, Young Communications, containing the usual blether about how sad it all is. The Archbishop of Cashel and Emly, for his part, merely said it would be “helpful” if Magee came forward to answer allegations fully.

It makes a slap on the wrist look like the Spanish Inquisition in comparison, not to mention a mockery of the Vatican’s promise last year that “civil law concerning the reporting of crimes … should always be followed.”

Those at the head of an organisation set its moral tone. They are the ones to whom those beneath look for guidance on how to behave. Practically the entire hierarchy of the Church in Ireland is made up of people who, in one form or another, have made excuses for not doing the right thing. The context changes, but the excuses remain the same. If they can keep wriggling off the hook, why shouldn’t Bishop John Magee, or any of the others? The only reason why they should act differently now seems to be because people further up the chain are telling them that they should. But why should they listen to people who themselves have ignored the suffering of children when it would have been too difficult for them to do what was right? It’s like the IRA lecturing the dissidents on why they should stop blowing up policemen. Take away the political waffle and what it amounts to is: You shouldn’t do it anymore, even though we did when we were in your place, because it’s inconvenient now. It’s about timing, not morality.

Priests and bishops ought to listen, it could be said, because they’re bound by obedience to do whatever the Church tells them to do. They don’t have the right to refuse because to resist is to defy God. That only makes it all the more revealing that, 12 years after the Church apparently told them to comply with the law of the land, they were still prepared to ignore their own guidelines. It suggests they didn’t believe the hierarchy really meant it; that they were still detecting ambivalence; they were still getting a nod and a wink that what they were up to was not that serious. Indeed that’s what the report into the cesspit that was the diocese of Cloyne under Bishop Magee finds to be the case. Silence was officially sanctioned by the Vatican at the time when they were insisting publicly that all had changed, changed utterly, that a nice new Church had taken the place of the old one. Nor has anything said last week exactly reassured the sceptics, even now, that the Church quite “gets” what all the fuss is about. Instead, they’re still arguing the toss about whether abuse revealed in the confessional should be covered by the requirement to report crimes to the police. The Government has been bracingly unwavering about this; but that the hierarchy is still prepared to engage in theological point-scoring about sacredotal privilege, and to warn that the Government risks “antagonising relationships” if they insist that priests have the same obligation as every other Irish citizen to come forward when they know that children are being abused, is not only disappointing, but frightening. It seems to suggest that it’s not a National Board for Safeguarding Children in the Catholic Church that we need, but a National Board for Safeguarding Children from the Catholic Church.

They’ve had ample opportunities to set their own house in order. Too many, perhaps. They failed the test every time, preferring always to run away and hide behind lawyers and PR companies and each other, issuing one sophistical press release after another about the difficulties of doing the right thing, and meanwhile pumping out Lord Haw Haw-style propaganda suggesting that the institutions under attack are nowhere near as black as they’re painted. Well, that part’s true enough. They’re far blacker.

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The fantastic wealth of Irish Catholic religious orders revealed

When the Irish Government negotiated a settlement of the compensation due to the tens of thousands of people abused and traumatised in institutions run by the Catholic Church, the total came to €1.36 billion.

The Government wanted the Church to pay half of this, but during negotiations in 2002, the Church managed to wangle its way into contributing only €120 million (£107m) – a pitifully small fraction of what was needed.

This deal was struck on the hypothesis that there would be 2,000 claimants, something the Church was uniquely qualified to know would not be the case.

In the event there were 14,000.

Only after a great deal of public pressure, the amount the Church will pay is now to be renegotiated, with the Government having carried out a review of the assets of the religious orders that abused, over many years, those in their care.

The review has revealed the staggering wealth of these religious orders. It showed between 1999 and 2009, the orders made €667 million in property deals.

Almost all of these sales were made while the Commission to Inquire into Child Abuse was investigating the years of suffering endured by children in their care.

The properties included land banks, houses, farmyards, a swimming pool, a warehouse, sports grounds and convents.

A quarter of all these trades involved the 2,088-member Sisters of Mercy.

Its four provinces sold 195 properties, including a €32m deal for 16 acres in Killarney.

The order still retained over €1 billion in land assets after these deals.

The 250-member Christian Brothers made €79m in the decade under review and the smaller Oblates of Mary Immaculate featured prominently because of the €105m it made by selling its Belcamp campus in north Dublin.

The top 13 trades by the orders brought in a combined €409m, while the remaining 313 units were sold for €81m.

The €667m total contributed to the revenue of 17 of the 18 orders which, in 2009, agreed to renegotiate the controversial 2002 indemnity deal.

The subsequent sales returns consisted of over 395 properties in the Republic, the North, Britain and America.

The details were released to an Irish newspaper with the orders’ agreement.

Some properties were transferred to community, public and diocesan bodies for nominal fees. Others were bought at peak prices by speculators and developers.

The asset review took place after a public backlash following the Ryan Report two years ago.

The report’s contents forced the Government and the orders to revisit the deal which capped the liability of the orders at €128m.

On the basis of the review, the orders raised their offer to €476m.

This was to go towards compensating victims, building the new National Children’s Hospital and erecting a memorial.

However, Education Minister Ruairi Quinn says he is disappointed by the offer from the various orders – they are still several hundred million short of what is needed.

He is now seeking further property transfers and says he will use bailiffs to seize more property if necessary to make up the shortfall.

But, as Dearbhail McDonald, the legal editor of the Irish Independent, pointed out, much of the money is tied up in charitable trusts for a specific purpose.

He maintains it will be difficult — even impossible — for the Government to access it.

“The chances of the Government sending in the bailiffs to the religious orders is about as likely as the sisters and brothers footing their half of an estimated €1.36bn abuse bill: negligible.”

Ruairi Quinn wants the orders’ overall contribution to be raised to €680m.

He says that if the Church does not pay its fair share of the settlement it will mean further cuts in public spending in a country already suffering mightily in the recession.

The Government is to re-open discussions with the clergy shortly.

“I’m going to enter into these negotiations with an open mind,” said Minister Quinn, although he told reporters that he is “not confident” that the Church will stump up its share.

“This is about recouping for the distressed Irish taxpayer a vast amount of money, the alternative which is that we have to reduce further expenditure and introduce saving in areas that we would otherwise not want to do.”

Despite the sales, the various religious orders retained a bank of property assets worth €3.07bn and financial assets of €704m.

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Catholic Church Denies Legal Responsibility For Abuse

A hearing into whether the church has the same legal obligations towards priests as employers towards employees, could have massive ramifications.

The Roman Catholic Church is taking the unprecedented step of arguing in court that is is not responsible for sexual abuse committed by its priests, arguing that the relationship between a Catholic priest and the bishop of the local diocese is not an employment relationship and therefore the diocese does not have vicarious liability.

There have been thousands of accusations around the world of abuse by priests but the majority of legal cases have been settled out of court or withdrawn.

This is thought to be the first time that the Church has gone to court to defend itself against accusations specificially relating to liability.

The three day hearing, started last Tuesday, is part of a wider civil action being brought by a woman known only as Miss JGE.

She claims to have been sexually abused while living in a children’s home run an order of nuns, the English Province of Our Lady of Charity.

She alleges that she was sexually abused by a priest of the Roman Catholic Diocese of Portsmouth, Father Baldwin, who died in 2006.

The claim in that case, due to start in December, will be that the nuns were negligent and in breach of duty, and that the diocese was vicariously liable for the abuse because Father Baldwin was a Catholic priest engaged within the work of the Portsmouth diocese.

However the hearing this week will not deal with the allegations of abuse at all, but will centre on the ‘corporate responsibility’ of the church in abuse cases.

If the claim is upheld, the church will be found legally responsible for the sexual abuse committed by their priests.

The solicitor representing Miss JGE, Tracey Emmott, said: “The most astonishing point to me to emerge from this tragic and sordid case is that the Catholic church is claiming that it isn’t legally responsible for the behaviour of its own priest.

“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.”

Ms Emmott said that the consequences of the Catholic Church winning the point was that they would be able to avoid compensating all victims of sexual abuse by priests.

The Catholic Church and the Portsmouth Diocese said they would not comment until the end of the hearing.

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