McDowell to ensure report implemented

ASSURANCES by the Catholic hierarchy that their child abuse guidelines are being enforced will not be accepted at “face value”, Justice Minister Michael McDowell said yesterday.

He said the proposed national audit of dioceses would check whether the guidelines are in fact being implemented.

The minister said he was also considering “with a view to implementation” a recommendation in the Ferns Report that both priests and alleged abuse victims receive free legal aid in court cases.

Mr McDowell said Minister for Children Brian Lenihan had written to bishops asking them whether they were implementing, as claimed, their own 1996 guidelines on handling child sex abuse allegations.

“He will get, in early course I hope, a response to his letter, which will set out the factual position as seen by members of the Catholic hierarchy,” Mr McDowell said.

But he said this would not be enough.

“It’s not sufficient, but it’s a preliminary step to find out what they say the position is and after that you go on to find out is that correct.

“The letter is asking them what they say the situation is. The concept of audit is checking whether that is the case, so it isn’t just taking things at face value.”

Mr McDowell said the audit would involve finding out exactly how dioceses dealt with complaints.

“It should easily be dealt with by interacting with dioceses and asking them what the present situation is, the guidelines they are applying and finding out if cases are being dealt with according to those guidelines.”

He said the Government was proceeding with the Commission of Investigation into the Dublin Archdiocese.

“The issue now is whether the first module of that inquiry includes an assessment, an audit, of the existing state of affairs.

“If the first module is to establish what is happening now that would include Dublin of course, but the processes could, once the commission of inquiry is put in place, be carried on in parallel.

“The preparatory work on the Dublin issues could be going ahead on one track and the commission of inquiry could be ascertaining what the position is in every diocese, including Dublin, at the same time.”

He said he was in contact with the Legal Aid Board regarding recommendations in the Ferns Report about granting free legal aid to priests and alleged abuse victims in court cases.

“My department is already in close contact with the board’s officials.”

He said the “real issue” was to ring-fence this proposal to clerical abuse cases.

Mr McDowell was speaking at the launch of the Legal Aid Board 2004 report.

Board chairwoman Anne Colley said waiting times for legal services had been cut by half, with 1,000 people on legal aid waiting lists last July, compared to 2,000 in December 2004.

She said this was due to a “substantial increase” in Government funding.

But the Free Legal Advice Centre (FLAC), an independent human rights body, said the legal aid scheme remains “seriously deficient”.

FLAC’s director general Noeline Blackwell said the eligibility for legal aid did not reflect the cost of living.

The result is a legal aid scheme which is available only to those living entirely on social welfare or on extremely low incomes.”