Diocese had insurance against abuse claims

BISHOP Brendan Comiskey purchased an insurance policy in 1989 to protect the diocese of Ferns against liability arising from sexual abuse claims despite the fact he repeatedly failed to adequately deal with allegations of abuse against numerous priests.

It was one of a number of similar policies purchased by most diocese in 1998 and 1999 after the then Archbishop of Dublin consulted legal advisors on the potential liability arising from incidents of child sex abuse.

The advice, first received in 1986, was that any bishop would be liable for negligence if he failed to act on knowledge a priest was, or was likely abusing children.

According to the Ferns report the advice, circulated to all bishops in Ireland, said “a bishop would have a duty in law to withdraw such a priest from his duties in the event of an investigation showing there was a basis for the complaint made”.

He would be obliged to ensure the priest received appropriate treatment and not allow the priest resume duties “without professional opinion that a resumption of priestly duties was appropriate and timely”.

Despite this advice, Bishop Comiskey was criticised in the report for failing to respond adequately to many allegations of child abuse.

It found he seemed concerned with “the need to protect the good name and reputation of the clergy” but “failed to recognise the paramount need to protect children as a matter of urgency from potential abusers”.

His insurance policy was on a claims-made basis with a limit of indemnity of £100,000 for any one claim and £200,000 in any one year. According to the report, the Church’s insurance company, Church & General, “do not appear to have undertaken any analysis or assessment of risk prior to inception of this cover”.