Law must apply to all cases of abuse

THE Cloyne report has stated its findings and they are truly shocking and utterly indefensible.

Outrage at the abuse inflicted on young people and outrage at the authorities in the diocese who mishandled the complaints are totally justified. It is a sad chapter in the history of the diocese and of the church in Ireland. As the frenzied media reaction begins to settle down, it is important to focus on the real issues so as to look to the future with some hope.

The Government reaction has been swift and positive. New legislation is to be fast-tracked to ensure that instances of abuse are immediately brought to the attention of the civil authorities. This begs the question as to why such legislation comes so late in the day. We have had two previous reports without any such reaction. While the Church is taking a hammering, it should be noted that Judge Murphy’s report found no evidence that the Department of Health and Children had carried out a study of “third party abuse” which it had signed up as part of the reform process. Indeed, the report states that the department refused to hand over documents to the enquiry.

Judge Murphy refers to this refusal in the report and says that “in contrast the church authorities provided the commission with its privileged documents”. The proposed new legislation has to be welcomed. It has to apply to all instances of child sexual abuse.

One could easily be led to believe that there exists a distinct instance of abuse known as “clerical child abuse,” and that the law is being directed at this. There cannot be discrimination here. The law has to be all embracing. Mandatory reporting must be universal. References to the seal of confession and priests being jailed if they fail to inform the authorities are ridiculous and are a red herring.

Doctors, counsellors, solicitors, sports managers and parents will all be subject to the law. Client confidentiality may be subject to scrutiny, but never abolished. Only in a police state can this happen. While the law is necessary and welcome, it would be unwise to expect too much from it. We are told that the majority of child sexual abuse is in the home or family circle. Family pride is the main reason that this, or any other law, will force a person to bring “shame on the family”. In jurisdictions where such laws do exist, they prove largely ineffectual in the case of abuse in the home or in the family circle.

Cllr Noel Collins

Midleton

Co Cork