Part Seven in an Occasional Series
I've found the Irish Times' coverage of the Cloyne Report fascinating, not least because despite the editorial line lauding the Taoiseach's speech to a near-empty Dáil, the paper in general hasn't skimped on articles taking issue with the Government's reaction.
The political correspondent Deaglán de Bréadún has noted that the Government's blustering has been very useful in distracting the people and the papers from its own shortcomings, a view that's shared by an otherwise unemployed columnist; Ian Elliott has pointed out that it was the Church and not the State that uncovered the problems with Magee and O'Callaghan in Cloyne; Breda O'Brien has observed that the State's own child safety failures are even now a cause for serious concern, and has wondered whether we as a nation are genuinely interested in protecting our children; social workers have been reported as arguing that mandatory reporting of abuse could do more harm than good; Gerry Whyte has argued that the seal of the Confessional is already protected under Irish law, and may well be protected under the Constitution; Paddy Agnew has explained that it's wrong to think of the Vatican as a single-minded entity bent on protecting itself no matter what; Vincent Twomey has taken issue with the Taoiseach having defamed the Pope and the Vatican and has, along with Breda O'Brien and John Waters, contested Enda's false claims about the Vatican having supposedly intervened in Irish affairs and attempted to obstruct the Murphy Commission's investigation into Cloyne.
That's not to say that any of these dispute in any respect the findings of the Commission, or that they don't deplore how Magee and O'Callaghan mishandled affairs in Cloyne. Nor is it to say in any way that they deny the horrific reality of such abuse of children as happened in Cloyne or the devastating effects of that abuse. It's merely to say that these people have a grasp on the facts and appear to have actually read the Report for themselves, rather than relying on what other people have said about it. It's well worth reading the Report, because it is being misrepresented. Here's a letter, for instance, from Wednesday's Irish Times, which I think may be the best of the week:
I've found the Irish Times' coverage of the Cloyne Report fascinating, not least because despite the editorial line lauding the Taoiseach's speech to a near-empty Dáil, the paper in general hasn't skimped on articles taking issue with the Government's reaction.
The political correspondent Deaglán de Bréadún has noted that the Government's blustering has been very useful in distracting the people and the papers from its own shortcomings, a view that's shared by an otherwise unemployed columnist; Ian Elliott has pointed out that it was the Church and not the State that uncovered the problems with Magee and O'Callaghan in Cloyne; Breda O'Brien has observed that the State's own child safety failures are even now a cause for serious concern, and has wondered whether we as a nation are genuinely interested in protecting our children; social workers have been reported as arguing that mandatory reporting of abuse could do more harm than good; Gerry Whyte has argued that the seal of the Confessional is already protected under Irish law, and may well be protected under the Constitution; Paddy Agnew has explained that it's wrong to think of the Vatican as a single-minded entity bent on protecting itself no matter what; Vincent Twomey has taken issue with the Taoiseach having defamed the Pope and the Vatican and has, along with Breda O'Brien and John Waters, contested Enda's false claims about the Vatican having supposedly intervened in Irish affairs and attempted to obstruct the Murphy Commission's investigation into Cloyne.
That's not to say that any of these dispute in any respect the findings of the Commission, or that they don't deplore how Magee and O'Callaghan mishandled affairs in Cloyne. Nor is it to say in any way that they deny the horrific reality of such abuse of children as happened in Cloyne or the devastating effects of that abuse. It's merely to say that these people have a grasp on the facts and appear to have actually read the Report for themselves, rather than relying on what other people have said about it. It's well worth reading the Report, because it is being misrepresented. Here's a letter, for instance, from Wednesday's Irish Times, which I think may be the best of the week:
'As a practising Catholic and member of the Fine Gael party, I was inspired by Mr Kenny’s Dáil speech to read the Cloyne report for myself. It soon became embarrassingly clear that Mr Kenny had not done so, and I fear he will come to regret some of his vitriol.
It is my earnest hope that, when the Vatican issues its response to the Government, Mr Kenny takes some time to study it and to respond in a manner befitting An Taoiseach.
The hour requires a statesman, not an opportunist demagogue.'
And indeed, while the papers' letters in the immediate aftermath of the Taoiseach's rant were overwhelmingly in favour of his posturing, day by day it's become clear that people are starting to realise that while we have serious problems with child abuse in Ireland, Enda's opportunistic grandstanding isn't part of the solution. I wonder if this is why Fintan O'Toole, the most gifted, intelligent, and perceptive of the Church's opponents at home has been keeping his mouth shut on this; he's probably smart enough and honest enough to realise that Enda's witterings are neither honest nor helpful.
But I wanted to talk about a piece in Thursday's Irish Times entitled 'Why is Vatican so miffed at reaction to Cloyne report?' which sneers at the Vatican's astonished reaction to how the Irish establishment has responded to the Cloyne Report. This piece seems to have gone down a storm on Twitter, even among people I respect, and indeed there are letters raving about it in today's Irish Times. One correspondent goes so far as to say that a copy of the article should be posted on every fridge in Ireland lest we forget the fine detail. As ever, though, the piece is almost complete fiction. The Questions and Answers format I used for talking about Cloyne the other day seems to have been helpful, so I'll try it again here.
1. Is Rome 'miffed' at 'excessive reactions' to the Murphy Report?
It seems to be. On Monday the vice-director of the Vatican's Press Office, Father Ciro Benedettini, said, among other things, that 'The recalling of the Nuncio, a measure rarely used by the Holy See, denotes the seriousness of the situation, and the desire of the Holy See to deal with it objectivity and with determination, as well as a certain note of surprise and regret regarding some excessive reactions.'
2. What reactions does the Vatican think were excessive?
Well, in the immediate aftermath of the Report, certain prominent Irish politicians talked of rendering illegal in Irish law the Catholic seal of Confession, and in his speech to the Dail last week, the Taoiseach attacked the Vatican for what happened in Cloyne.
3. Wasn't he right to do so?
No, we've been through this. If anything, the problem at Cloyne seems not to have been a slavish obedience to Rome so much as it was an arrogant determination to ignore the opinions of anybody outside County Cork.
4. So how does Patsy McGarry, the author of this article, respond to the 'surprise and regret' the Vatican had expressed?
Well, by an impressively unrelated series of non-sequiturs, in the main, starting with the claim that the Irish State has had to spend €133.8 million over the last few years unearthing what he said was available to Rome all along.
5. And has it?
No. For starters, almost all of that money -- more than €126 million -- was spent on the Ryan Report into abuse in Ireland's industrial schools. These schools, though run by religious orders, were supervised by the Irish State, not by Rome, such that the Report is utterly scathing about the religious orders themselves and the State's historical failure to supervise and inspect schools and institutions for which it was responsible. It in no way even hints that Rome is in any way to blame.
Indeed, as far as I can see through searching through all five volumes of the Ryan Report, the word 'Vatican' is only used seven times, almost invariably in connection with changes necessitated by the Second Vatican Council. The Report doesn't record that it even bothered to ask the Vatican if it had any information on the subject, as it was obvious that the Vatican lacked this information.
6. I see. So there's no truth in this?
Not if we're using 'Rome' as a synonym for 'Vatican', no. It is true that the Christian Brothers' and the Rosminians' head offices are in Rome, and that there were lots of files there, but aside from these files not being comprehensive, there's no suggestion in the Report that these files were ever handled by the Vatican, despite such religious orders being notionally answerable to the Secretariat of State for the Religious. Look at the Report's conclusions -- it doesn't even vaguely criticise the Vatican, whereas it's pretty damning of the State.
Shall I go on?
7. Please do. What about the Ferns, Murphy, and Cloyne Reports? Did Rome have all the information on them, information that the State had to pay maybe €8 million to rustle up?
I very much doubt it. After all, we know from the Cloyne report that despite there being concerns raised or complaints made about eighteen priests in Cloyne between 1996 and 2009, the Diocese only ever contacted Rome about four of these, in three cases not doing so until 2009. Of the forty-six cases the Murphy Commission considered in Dublin between 1975 and 2004, the Report describes only four as having ever been passed on to Rome. In short, two offical reports based on all the documentation clearly show that Rome did not have all the information on these matters.
8. Right, so the two opening paragraphs are almost wholly fictitious. What of the third one, where he says files on five Ferns priests mysteriously turned up in 2005, when the draft Ferns report was already complete?
This certainly happened, as it seems that the solicitors who'd been hired to find all the files for the Ferns Commission had missed out on a few files that might have been of relevance. In connection with this, the Ferns Commission accepted in an Appendix to the Ferns Report 'that the omission of the documents identified in the course of this further investigation was due to a regrettable error on the part of the Diocese and did not constitute the withholding of cooperation on its part. The Inquiry is satisfied that the cases cited below do not impact on the work done by the Inquiry or on the conclusions or recommendations reached by it.'
9. So, although this did happen, the Commission accepted that this was a genuine error and that it didn't hamper the investigation in any way. Right. So why the sneering at the Pope having declined Bishop Eamon Walsh's 2009 resignation as an auxiliary bishop of Dublin?
I have no idea. The implication is that the Ferns Commission shouldn't have accepted that the belated production of some documents was a genuine error, and was wrong to say that the delayed documents wouldn't have made any difference whatsoever to the Report's findings, something that itself implies that the Diocese hadn't any particular reason to have withheld those documents as compared to the far larger number that were disclosed early on.
10. What about the Christian Brothers? Did they really deny claims about them just days before the Ryan Report issued its findings, and did they later admit how inadequate and hurtful their responses to complaints had been?
I believe so. This rings a few bells. Still, do you have any reason to believe that a letter from an Irish religious order to the Irish State had anything whatsoever to do with the Vatican? The Ryan Report didn't link the Brothers with Rome...
11. Fair point. It does seem wildly off-topic. What about the claim that Cardinal Desmond Connell, erstwhile Archbishop of Dublin, had gone to the High Court to prevent his successor, Archbishop Diarmuid Martin, from releasing documents to the Murphy Commission?
Yeah, he did that in February 2008, believing that these documents were and should remain legally privileged. It was reported at the time that none of his former colleagues in the Hierarchy nor his former aides in Dublin supported this, something that the article omits. It was only a week later that he withdrew the action, apparently following pressure from the Archbishop of Armagh, Primate of All Ireland, something that the article also fails to mention. In any case, though, do you see any reason to assume that Connell -- and Connell alone -- was somehow acting on behalf of the Vatican to subvert the Murphy Commission?
12. It is hard to see why anyone would think that justifies an attack on Rome. What about the claim that John Magee and Denis O'Callaghan lied to the Church's watchdog about abuse in Cloyne?
They certainly did, though how this could ever be construed as justifying an attack on Rome I do not know. Magee and O'Callaghan lied, but they didn't lie to an agency of the State; they lied to one belonging to the Church. Ian Elliott, the Presbyterian head of the Church's child-protection agency was far from happy about this, and indeed, it was in connection with the Elliott Report that Archbishop Leanza, the outgoing Nuncio, in January 2009 had a private meeting with John Magee in which he appears to have 'suggested' that Magee step down; a few days later Magee requested that the Pope appoint an apostolic administrator. Rome did just that, stripping Magee of his authority and ignoring the candidates he'd suggested as suitable to replace him.
13. Is there any basis for his argument? I see the article says that these senior clergy acted as they did as they understood it as being what Rome wanted from them...
Yes, he's referring specifically to Cardinal Darío Castrillón Hoyos who headed the Congregation for the Clergy between 1996 and 2006. His attitude towards priests was deeply clericalist, and in connection with a letter proving Castrillón Hoyos' excessively protective attitude, Father Federico Lombardi, director of the Vatican Press Office publicly criticised him last April, saying that 'This document is proof of the timeliness of the unification of the treatment of cases of the sexual abuse of minors on the part of members of the clergy under the competency of the Congregation of the Doctrine of the Faith, to guarantee rigorous and coherent action, as effectively occurred with the documents approved by the Pope in 2001.'
14. Why does McGarry think Castrillón Hoyos influenced high-ranking members of the Irish clergy to obstruct the State?
You mean, leaving aside the fact that he seems to think the examples he cites support his case, when in fact they're wholly irrelevant to it? He has two reasons, the first of which is the January 1997 letter to the Irish bishops and the second of which is something Castrillón Hoyos is alleged to have said to the bishops when they visited Rome two years later.
15. Tell me about the 1997 letter. That was from the Nuncio of the day, passing on the thoughts of the Congregation for Clergy on the Irish bishops' 1996 Framework Document for dealing with child abuse allegations. Is it true that the Congregation for Clergy dismissed it as 'merely a study document'?
'Dismissed' is a bit strong, but Castrillón Hoyos certainly seems to have understood it that way, largely because it was sent to him, not by the Bishops' Conference, but by an Advisory Committee for that Conference, and was prefaced by a statement that the document was far from being the last word on the subject. I'd like to see that covering letter, but as it stands I think it's understandable that he thought this was a study document, even if the Irish bishops didn't think of it as one.
16. Presumably the Irish bishops, on seeing this response, felt obliged to point out that it had been an official document, not a study document?
Er... no. They basically just ignored it and went ahead with their own agreed policy anyway. Well, in practice Magee didn't, but as far as we know the others did.
17. Okay. You've already talked about what the letter said about the need to follow canon law meticulously, of course. Isn't Castrillón Hoyos the same guy who at Rosses Point in 1998 told the Irish bishops that they should never in any way put an obstacle in the path of civil justice?
That's him. And I'd say that failure to report crimes would constitute just that. You'll note that the article leaves that out, inconvenient as it is to its thesis. In my job, that's called 'cherry-picking the evidence'.
18. Well, what about this mysterious Vatican official who seemingly told the Irish bishops in 1999 that they were 'bishops first, not policemen' when it came to reporting clerical child sex abuse -- who's he?
McGarry doesn't say, for some reason, which may well be that it could be libellous, but it seems to have been Castrillón Hoyos again. Seemingly, on an Irish television documentary called Unspeakable Crimes, shown on 17 January 2011, it was reported that when Irish bishops visited Rome in 1999, a meeting ended in uproar with Castrillon Hoyos telling the bishops that they were called to be 'fathers to your priests, not policemen'.
19. That seems to be slightly different from the quote in the article, but anyway, did the bishops do what he said?
No. I've told you -- they basically ignored the Congregation for Clergy and did their own thing. I don't think they had a good relationship with Castrillón Hoyos. McGarry himself has reported that the previous year Archbishop Connell had resorted to banging his fist with fury on the table in an attempt to get Castrillón Hoyos to understand. Whether or not that's true -- and it does rather undermine the thesis that Connell's legal attempt to obstruct Martin was due to his following Castrillón Hoyos' line -- it's clear that the bishops implemented their own guidelines irrespective of what Castrillón Hoyos thought.
Well, except Magee, who seems to have been a law unto himself anyway.
20. Right, so the article goes on to talk about the 2001 decision to have abuse cases dealt with by Rome. What's that about?
Well, it became very clear through the 1990s that the various dioceses around the world had been mishandling child abuse allegations, and that the Congregation for Clergy, under Castrillón Hoyos, hadn't been helping the situation. As such, on 30 April 2001 John Paul II issued a document called Sacramentorum Sanctitatis Tutela which meant that henceforth all child sexual abuse cases were to go through the then Cardinal Ratzinger's Congregation for the Doctrine of the Faith. Part I, article 4 of Sacramentorum Sanctitatis Tutela said:
But I wanted to talk about a piece in Thursday's Irish Times entitled 'Why is Vatican so miffed at reaction to Cloyne report?' which sneers at the Vatican's astonished reaction to how the Irish establishment has responded to the Cloyne Report. This piece seems to have gone down a storm on Twitter, even among people I respect, and indeed there are letters raving about it in today's Irish Times. One correspondent goes so far as to say that a copy of the article should be posted on every fridge in Ireland lest we forget the fine detail. As ever, though, the piece is almost complete fiction. The Questions and Answers format I used for talking about Cloyne the other day seems to have been helpful, so I'll try it again here.
1. Is Rome 'miffed' at 'excessive reactions' to the Murphy Report?
It seems to be. On Monday the vice-director of the Vatican's Press Office, Father Ciro Benedettini, said, among other things, that 'The recalling of the Nuncio, a measure rarely used by the Holy See, denotes the seriousness of the situation, and the desire of the Holy See to deal with it objectivity and with determination, as well as a certain note of surprise and regret regarding some excessive reactions.'
2. What reactions does the Vatican think were excessive?
Well, in the immediate aftermath of the Report, certain prominent Irish politicians talked of rendering illegal in Irish law the Catholic seal of Confession, and in his speech to the Dail last week, the Taoiseach attacked the Vatican for what happened in Cloyne.
3. Wasn't he right to do so?
No, we've been through this. If anything, the problem at Cloyne seems not to have been a slavish obedience to Rome so much as it was an arrogant determination to ignore the opinions of anybody outside County Cork.
4. So how does Patsy McGarry, the author of this article, respond to the 'surprise and regret' the Vatican had expressed?
Well, by an impressively unrelated series of non-sequiturs, in the main, starting with the claim that the Irish State has had to spend €133.8 million over the last few years unearthing what he said was available to Rome all along.
5. And has it?
No. For starters, almost all of that money -- more than €126 million -- was spent on the Ryan Report into abuse in Ireland's industrial schools. These schools, though run by religious orders, were supervised by the Irish State, not by Rome, such that the Report is utterly scathing about the religious orders themselves and the State's historical failure to supervise and inspect schools and institutions for which it was responsible. It in no way even hints that Rome is in any way to blame.
Indeed, as far as I can see through searching through all five volumes of the Ryan Report, the word 'Vatican' is only used seven times, almost invariably in connection with changes necessitated by the Second Vatican Council. The Report doesn't record that it even bothered to ask the Vatican if it had any information on the subject, as it was obvious that the Vatican lacked this information.
6. I see. So there's no truth in this?
Not if we're using 'Rome' as a synonym for 'Vatican', no. It is true that the Christian Brothers' and the Rosminians' head offices are in Rome, and that there were lots of files there, but aside from these files not being comprehensive, there's no suggestion in the Report that these files were ever handled by the Vatican, despite such religious orders being notionally answerable to the Secretariat of State for the Religious. Look at the Report's conclusions -- it doesn't even vaguely criticise the Vatican, whereas it's pretty damning of the State.
Shall I go on?
7. Please do. What about the Ferns, Murphy, and Cloyne Reports? Did Rome have all the information on them, information that the State had to pay maybe €8 million to rustle up?
I very much doubt it. After all, we know from the Cloyne report that despite there being concerns raised or complaints made about eighteen priests in Cloyne between 1996 and 2009, the Diocese only ever contacted Rome about four of these, in three cases not doing so until 2009. Of the forty-six cases the Murphy Commission considered in Dublin between 1975 and 2004, the Report describes only four as having ever been passed on to Rome. In short, two offical reports based on all the documentation clearly show that Rome did not have all the information on these matters.
8. Right, so the two opening paragraphs are almost wholly fictitious. What of the third one, where he says files on five Ferns priests mysteriously turned up in 2005, when the draft Ferns report was already complete?
This certainly happened, as it seems that the solicitors who'd been hired to find all the files for the Ferns Commission had missed out on a few files that might have been of relevance. In connection with this, the Ferns Commission accepted in an Appendix to the Ferns Report 'that the omission of the documents identified in the course of this further investigation was due to a regrettable error on the part of the Diocese and did not constitute the withholding of cooperation on its part. The Inquiry is satisfied that the cases cited below do not impact on the work done by the Inquiry or on the conclusions or recommendations reached by it.'
9. So, although this did happen, the Commission accepted that this was a genuine error and that it didn't hamper the investigation in any way. Right. So why the sneering at the Pope having declined Bishop Eamon Walsh's 2009 resignation as an auxiliary bishop of Dublin?
I have no idea. The implication is that the Ferns Commission shouldn't have accepted that the belated production of some documents was a genuine error, and was wrong to say that the delayed documents wouldn't have made any difference whatsoever to the Report's findings, something that itself implies that the Diocese hadn't any particular reason to have withheld those documents as compared to the far larger number that were disclosed early on.
10. What about the Christian Brothers? Did they really deny claims about them just days before the Ryan Report issued its findings, and did they later admit how inadequate and hurtful their responses to complaints had been?
I believe so. This rings a few bells. Still, do you have any reason to believe that a letter from an Irish religious order to the Irish State had anything whatsoever to do with the Vatican? The Ryan Report didn't link the Brothers with Rome...
11. Fair point. It does seem wildly off-topic. What about the claim that Cardinal Desmond Connell, erstwhile Archbishop of Dublin, had gone to the High Court to prevent his successor, Archbishop Diarmuid Martin, from releasing documents to the Murphy Commission?
Yeah, he did that in February 2008, believing that these documents were and should remain legally privileged. It was reported at the time that none of his former colleagues in the Hierarchy nor his former aides in Dublin supported this, something that the article omits. It was only a week later that he withdrew the action, apparently following pressure from the Archbishop of Armagh, Primate of All Ireland, something that the article also fails to mention. In any case, though, do you see any reason to assume that Connell -- and Connell alone -- was somehow acting on behalf of the Vatican to subvert the Murphy Commission?
12. It is hard to see why anyone would think that justifies an attack on Rome. What about the claim that John Magee and Denis O'Callaghan lied to the Church's watchdog about abuse in Cloyne?
They certainly did, though how this could ever be construed as justifying an attack on Rome I do not know. Magee and O'Callaghan lied, but they didn't lie to an agency of the State; they lied to one belonging to the Church. Ian Elliott, the Presbyterian head of the Church's child-protection agency was far from happy about this, and indeed, it was in connection with the Elliott Report that Archbishop Leanza, the outgoing Nuncio, in January 2009 had a private meeting with John Magee in which he appears to have 'suggested' that Magee step down; a few days later Magee requested that the Pope appoint an apostolic administrator. Rome did just that, stripping Magee of his authority and ignoring the candidates he'd suggested as suitable to replace him.
13. Is there any basis for his argument? I see the article says that these senior clergy acted as they did as they understood it as being what Rome wanted from them...
Yes, he's referring specifically to Cardinal Darío Castrillón Hoyos who headed the Congregation for the Clergy between 1996 and 2006. His attitude towards priests was deeply clericalist, and in connection with a letter proving Castrillón Hoyos' excessively protective attitude, Father Federico Lombardi, director of the Vatican Press Office publicly criticised him last April, saying that 'This document is proof of the timeliness of the unification of the treatment of cases of the sexual abuse of minors on the part of members of the clergy under the competency of the Congregation of the Doctrine of the Faith, to guarantee rigorous and coherent action, as effectively occurred with the documents approved by the Pope in 2001.'
14. Why does McGarry think Castrillón Hoyos influenced high-ranking members of the Irish clergy to obstruct the State?
You mean, leaving aside the fact that he seems to think the examples he cites support his case, when in fact they're wholly irrelevant to it? He has two reasons, the first of which is the January 1997 letter to the Irish bishops and the second of which is something Castrillón Hoyos is alleged to have said to the bishops when they visited Rome two years later.
15. Tell me about the 1997 letter. That was from the Nuncio of the day, passing on the thoughts of the Congregation for Clergy on the Irish bishops' 1996 Framework Document for dealing with child abuse allegations. Is it true that the Congregation for Clergy dismissed it as 'merely a study document'?
'Dismissed' is a bit strong, but Castrillón Hoyos certainly seems to have understood it that way, largely because it was sent to him, not by the Bishops' Conference, but by an Advisory Committee for that Conference, and was prefaced by a statement that the document was far from being the last word on the subject. I'd like to see that covering letter, but as it stands I think it's understandable that he thought this was a study document, even if the Irish bishops didn't think of it as one.
16. Presumably the Irish bishops, on seeing this response, felt obliged to point out that it had been an official document, not a study document?
Er... no. They basically just ignored it and went ahead with their own agreed policy anyway. Well, in practice Magee didn't, but as far as we know the others did.
17. Okay. You've already talked about what the letter said about the need to follow canon law meticulously, of course. Isn't Castrillón Hoyos the same guy who at Rosses Point in 1998 told the Irish bishops that they should never in any way put an obstacle in the path of civil justice?
That's him. And I'd say that failure to report crimes would constitute just that. You'll note that the article leaves that out, inconvenient as it is to its thesis. In my job, that's called 'cherry-picking the evidence'.
18. Well, what about this mysterious Vatican official who seemingly told the Irish bishops in 1999 that they were 'bishops first, not policemen' when it came to reporting clerical child sex abuse -- who's he?
McGarry doesn't say, for some reason, which may well be that it could be libellous, but it seems to have been Castrillón Hoyos again. Seemingly, on an Irish television documentary called Unspeakable Crimes, shown on 17 January 2011, it was reported that when Irish bishops visited Rome in 1999, a meeting ended in uproar with Castrillon Hoyos telling the bishops that they were called to be 'fathers to your priests, not policemen'.
19. That seems to be slightly different from the quote in the article, but anyway, did the bishops do what he said?
No. I've told you -- they basically ignored the Congregation for Clergy and did their own thing. I don't think they had a good relationship with Castrillón Hoyos. McGarry himself has reported that the previous year Archbishop Connell had resorted to banging his fist with fury on the table in an attempt to get Castrillón Hoyos to understand. Whether or not that's true -- and it does rather undermine the thesis that Connell's legal attempt to obstruct Martin was due to his following Castrillón Hoyos' line -- it's clear that the bishops implemented their own guidelines irrespective of what Castrillón Hoyos thought.
Well, except Magee, who seems to have been a law unto himself anyway.
20. Right, so the article goes on to talk about the 2001 decision to have abuse cases dealt with by Rome. What's that about?
Well, it became very clear through the 1990s that the various dioceses around the world had been mishandling child abuse allegations, and that the Congregation for Clergy, under Castrillón Hoyos, hadn't been helping the situation. As such, on 30 April 2001 John Paul II issued a document called Sacramentorum Sanctitatis Tutela which meant that henceforth all child sexual abuse cases were to go through the then Cardinal Ratzinger's Congregation for the Doctrine of the Faith. Part I, article 4 of Sacramentorum Sanctitatis Tutela said:
'§ 1.Reservation to the Congregation for the Doctrine of the Faith is also extended to a delict against the sixth commandment of the Decalogue committed by a cleric with a minor below the age of eighteen years.
§ 2. One who has perpetrated the delict mentioned in § 1 is to be punished according to the gravity of the offense, not excluding dismissal or deposition.
Note that this document specifically extended the CDF's authority. The CDF had hitherto had only ever dealt with such issues insofar as they were sometimes connected with an abuse of the sacrament of Confession, and in practice it received very few complaints.
21. But Patsy McGarry said this new policy didn't change much in reality?
Yeah, I don't know why he says that. Having received hardly any cases in previous years, the CDF received something like 3,000 cases between 2001 and 2010, most of these from America and detailing offences stretching back to fifty years earlier. I think they get about 250 cases a year now. Monsignor Dolan, the Chancellor of the Dublin Archdiocese, told the Murphy Commission that it had sent nineteen cases to the CDF since 2001.
22. Only nineteen?
Yes, because the policy had to be somewhat modified as Rome wasn't capable of dealing with the avalanche of American complaints in 2003 and 2004. Cases that had already been dealt with before 2001, for instance, weren't revisited by the CDF. In terms of contemporary complaints, however, it has remained the case that all complaints which even reached the threshold of plausibility are to be passed on to Rome so that the CDF could decide whether they'd be best dealt with locally or centrally. And, of course, matters were clarified further by Rome last year, another detail the article neglects to mention.
23. So why does the article say that 'The Cloyne report continues: "The position now, he [Msgr Dolan] said, is that all cases brought to the attention of the archdiocese before April 2001 and which were outside prescription . . . were not going to be dealt with by the CDF. It was up to the bishop to apply disciplinary measures to the management of those priests." In effect, the Irish bishops were back where they were before 2001.'?
I don't know, but it's not true. And for what it's worth, the passage he quotes from section 4:29 of the Murphy Report, and is not in the Cloyne Report at all. That's just sloppiness.
24. McGarry says that Rome didn't grant the Irish bishops permission to make binding either the 1996 Framework Document or the 2005 document Our Children, Our Church, in stark contrast to the approval it gave to the American bishops in 2002 and 2006. Is this true, and if so, why was this?
It is true, and I don't know why. The Murphy Report speculates that the unanimous support of the Irish bishops for the Irish guidelines may have militated against Rome granting them a canonically binding status, but I really don't know. Maybe the American guidelines integrated better into canon law. I don't know.
None of this, however, would have barred any Irish bishop from applying said guidelines within his own diocese. As the Ferns Report recognises, bishops are not delegates of the national bishops' conferences or of the Pope, such that all local decisions rest with them and they are not bound by advice they receive.
25. So when McGarry says that Rome tied the hands of those bishops who wanted to address the abuse issue, this isn't true either?
Exactly. It couldn't have been true. And indeed, we know this, because it seems that almost all Irish bishops ignored the Congregation for Clergy's reservations about the 1996 Framework Document and applied their own policies anyway.
26. What about the letters that were sent to Rome and the last Nuncio that didn't get a response? Did that really happen?
Yes, it did. I think that was extraordinarily bad manners. I really do think an official apology is -- or was -- in order on that.
27. Did it make a difference?
Given that Rome didn't have access to any information on these matters that the Diocese didn't already have, no, it didn't matter in the least. It was rude, that's all.
28. Yes, but what about the fact that the current -- and outgoing -- Nuncio seems to have basically told John Magee to jump from his position rather than be pushed? Surely he wouldn't have done that without access to secret information...
If you'd like to believe that, I have a book about Templars you might want to borrow. The Murphy Report doesn't suggest even for a moment that Leanza had access to any hidden information, and recognises that the Church handed over everything, including all its privileged communications. It's pretty clear that Leanza's prompting of Magee was based on the Elliott Report, which you can read in the Murphy Report.
29. Don't you get tired of correcting these misconceptions?
You have no idea. But as long as our 'newspaper of record' keeps publishing such claptrap, it falls to the rest of us to point out where it's wrong. Child abuse is a horrendous thing that has blighted my country for too long, but political posturing and media misrepresentations aren't part of the solution. It was bad enough when people focused on the Irish Church as a haven of paedophiles while ignoring the far higher number of Irish paedophiles who weren't clergy, such that for every victim of clerical abuse there were fifty-nine victims of non-clerical abuse. But now we're not even looking within, and are trying to point outside ourselves as though the problem is with people far far away. If we want to fix this problem we need to find the real culprits, and if we want to find them, the whole country needs to start looking in the mirror.
30. Do you not think people might accuse you of splitting hairs?
Being Jesuitical, you mean? They might. Others get accused of this. I don't think that anybody hurling those kind of accusations, though, can possibly have immersed themselves in the four Irish state reports and the SAVI study as I have, as well as reading American research and trying to get a serious handle on how the Vatican really works. Too often it's like being in a bizarre University tutorial where you're the only person who's read any of the original sources, but where everybody else has a passionate view on the stuff they've never read. Still, if people shout at you for being honest and informed, that's the way it goes. We have a duty towards the Truth, after all.







