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Appendices Report by Commission of Investigation Into Catholic Archdiocese of Dublin

Appendices Report by Commission of Investigation Into Catholic Archdiocese of Dublin

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Published by James Dwyer
The Dublin Archdiocese Commission of Investigation was established to report on the handling by Church and State authorities of a representative sample of allegations and suspicions of child sexual abuse against clerics operating under the aegis of the Archdiocese of Dublin over the period 1975 to 2004. The report of the Commission is in two parts.
1.2 In Part 1, the report outlines the organisational structures of the Archdiocese and the relevant State authorities, that is, the Gardaí, the Director of Public Prosecutions (DPP) and the health authorities. This part also covers the general background to the handling of complaints and includes information on the arrangements made for insurance cover and for financing the costs involved in clerical child sexual abuse. It covers the canon law and the procedures set out by the Roman Catholic Church for dealing with complaints of what Church law describes as the “worst crime‖, that is, sexual interference with a minor.
1.3 Part 2 reports on the cases of the 46 priests who form the representative sample. Below, the Commission gives an overview of what these cases show. The Commission has no doubt that clerical child sexual abuse was covered up by the Archdiocese of Dublin and other Church authorities over much of the period covered by the Commission‟s remit. The structures and rules of the Catholic Church facilitated that cover-up. The State authorities facilitated the cover up by not fulfilling their responsibilities to ensure that the law was applied equally to all and allowing the Church institutions to be beyond the reach of the normal law enforcement processes. The welfare of children, which should have been the first priority, was not even a factor to be considered in the early stages. Instead the focus was on the avoidance of scandal and the preservation of the good name, status and assets of the institution and of what the institution regarded as its most important members – the priests. In the mid 1990s, a light began to be shone on the scandal and the cover up. Gradually, the story has unfolded. It is the responsibility of the State to ensure that no similar institutional immunity is ever allowed to occur again. This can be ensured only if all institutions are open to scrutiny and not accorded an exempted status by any organs of the State.It is important to realise that it was not the function of the Commission to establish whether or not child sexual abuse actually took place but rather to record the manner in which complaints were dealt with by Church and State authorities.
The Dublin Archdiocese Commission of Investigation was established to report on the handling by Church and State authorities of a representative sample of allegations and suspicions of child sexual abuse against clerics operating under the aegis of the Archdiocese of Dublin over the period 1975 to 2004. The report of the Commission is in two parts.
1.2 In Part 1, the report outlines the organisational structures of the Archdiocese and the relevant State authorities, that is, the Gardaí, the Director of Public Prosecutions (DPP) and the health authorities. This part also covers the general background to the handling of complaints and includes information on the arrangements made for insurance cover and for financing the costs involved in clerical child sexual abuse. It covers the canon law and the procedures set out by the Roman Catholic Church for dealing with complaints of what Church law describes as the “worst crime‖, that is, sexual interference with a minor.
1.3 Part 2 reports on the cases of the 46 priests who form the representative sample. Below, the Commission gives an overview of what these cases show. The Commission has no doubt that clerical child sexual abuse was covered up by the Archdiocese of Dublin and other Church authorities over much of the period covered by the Commission‟s remit. The structures and rules of the Catholic Church facilitated that cover-up. The State authorities facilitated the cover up by not fulfilling their responsibilities to ensure that the law was applied equally to all and allowing the Church institutions to be beyond the reach of the normal law enforcement processes. The welfare of children, which should have been the first priority, was not even a factor to be considered in the early stages. Instead the focus was on the avoidance of scandal and the preservation of the good name, status and assets of the institution and of what the institution regarded as its most important members – the priests. In the mid 1990s, a light began to be shone on the scandal and the cover up. Gradually, the story has unfolded. It is the responsibility of the State to ensure that no similar institutional immunity is ever allowed to occur again. This can be ensured only if all institutions are open to scrutiny and not accorded an exempted status by any organs of the State.It is important to realise that it was not the function of the Commission to establish whether or not child sexual abuse actually took place but rather to record the manner in which complaints were dealt with by Church and State authorities.

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Categories:Types, Research, History
Published by: James Dwyer on Nov 26, 2009
Copyright:Attribution Non-commercial

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 649
Appendix 1 Timeline of Events of Significance to the Work ofthe Commission
1940 John Charles McQuaid was appointed Archbishop of Dublin.1950 The Mother and Child Scheme was introduced by the Ministerfor Health to provide mothers with free maternity treatment andtheir children with free medical care up to the age of 16.1951 The Mother and Child Scheme was dropped by thegovernment following opposition from the Catholic Church andthe medical profession. Dr Noel Browne resigned as Ministerfor Health.1962
 –
1965 Second Vatican Council was held in Rome.1968
Humane Vitae 
Encyclical was promulgated by Pope Paul VIreaffirming the traditional teaching of the Catholic Church onabortion, contraception and other issues pertaining to humanlife.1972 Archbishop McQuaid retired as Archbishop of Dublin. He wassucceeded by Dr Dermot Ryan.1973 Ireland joined the EEC.The
Civil Service (Employment of Married Women) Act 
 
1973 
ended the requirement that women retire from theCivil Service on marriage.
McGee 
 –
 –
Attorney General 
The Supreme Court decided that a law prohibiting theimportation, sale or advertising of contraceptives violatedconstitutional protections for marital privacy.1977 Department of Health issued a Memorandum on Non-accidental injury to children.
 
 650
1978 Cardinal Karol Wojtyla was elected Pope John Paul II,following the death of Pope John Paul I.1979 The
Health (Family Planning) Act 1979 
provided thatcontraceptives may be dispensed by a pharmacist onpresentation o
f a valid prescription for „bone fide familyplanning or adequate medical reasons‟.
 Pope John Paul II visited Ireland1980 Guidelines on the Identification and Management ofNon-Accidental Injury to Children were published by theDepartment of Health.1983
The „Pro
-
Life‟ amendment to the Constitution was
passed. This provided that the right to life of theunborn with due regard to the equal right to life of themother be enshrined in the Constitution.
Revised „Guidelines on Non
-Accidental Injury toC
hildren‟ were published by the Department of Health.
1984 Dr Kevin McNamara, the bishop of Kerry, wasappointed Archbishop of Dublin, following theappointment of Archbishop Ryan to the Roman Curia in1983.Fifteen-year old Ann Lovett died after giving birth in agrotto outside the town of Granard, Co Longford. Herinfant son also died.
The „Kerry Babies‟ Tribunal was established to
investigate how Joanne Hayes and her familyconfessed to the killing of a new born baby foundstabbed to death on a beach at Cahirciveen, Co Kerry.The Tribunal concluded that Joanne Hayes was not the
 
 651
mother of the baby and had no responsibility for thekilling. It found that she was the mother of another newborn baby whose body was found on the Hayes familyfarm.1985 The
Health (Family Planning) (Amendment) Act 1985 
 liberalised the law on contraception by allowingcondoms to be sold to people over 18 without aprescription.Eileen Flynn was dismissed from her job as asecondary school teacher in a state-funded conventschool when she gave birth to a baby as an unmarriedmother, the father of the baby being a separatedmarried man.1986 The first divorce referendum was defeated.1987 Guidelines on Procedures for the Identification,Investigation and Management of Child Abuse were
 
published by the Department of HealthArchbishop McNamara died.1988 Dr Desmond Connell was appointed Archbishop ofDublin.1992 Bishop Eamonn Casey resigned as Bishop of Galwayafter revelations that he fathered a child 18 yearspreviously.In the
case, a pregnant, 14-year-old rape victim whowas prevented from leaving Ireland to obtain anabortion in England appealed to the Supreme Court.The Court held that the Pro-Life Amendment gave a
right 
to abortion in certain limited circumstances
including when the mother‟s life is in danger.
 

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