Dáil Éireann debate -
Wednesday, 4 Oct 1995

Vol. 456 No. 4

Private Members' Business. - Reporting of Child Abuse.

Ms O'Donnell

The Minister will be aware and the record will show that I have had cause to highlight in this House on many occasions my concerns relating to the reporting and prosecution of child abuse cases. Those concerns ranged over such topics as sentencing policy, prosecution rates, reviewability of the DPP's decisions not to prosecute and the treatment of victims of child abuse in the criminal justice system.

The record will also show that this is not the first occasion on which I have had to call for procedures to be established, as recommended by the Kilkenny incest report, for the mandatory reporting of child abuse cases. Despite the announcement in April this year by the Minister of State of a new procedure for the notification of suspected cases as between the health boards and the Garda, the key recommendation of mandatory reporting remains unimplemented.

During the past year, regrettably, there has been cause to turn my attention to the absence of any procedures as between the church and civil authorities in relation to child abuse cases. Almost a year ago on 25 October I raised the issue with the former Minister for Justice, Mrs. Geoghegan-Quinn. I asked the Minister if she would make it a criminal offence to knowingly conceal or fail to report to Garda adults who are known to have sexually molested children.

On 8 June this year I asked the current Minister for Justice what consultations, if any, she had had with the hierarchy in this area. The Minister said there had been no such discussions with the leadership of any of the churches in relation to clerical abuse. The Minister also stated that the Garda had met members of the clergy to outline Garda procedures relating to the investigations of such allegations and had made a presentation to a diocesan seminar on the matter. I tabled a question for oral reply yesterday, but it was ruled out of order on the basis that the Department considered the position was unchanged since 8 June.

Recent revelations of a number of clerical sex abuse cases make it imperative that clearly understood procedures as between church and civil authorities be established for the reporting of such allegations. How can the Minister justify an absence of any procedures given the number of clerical child abuse cases which have surfaced over the last year, particularly in recent days? Will she not agree that the procedures introduced in the health boards for reporting to the Garda could similarly apply to church authorities and other bodies such as sporting or youth organisations?

Currently there is a controversy surrounding the payment of large sums of money to victims in two cases involving priests. In both cases it is very notable that there was no prosecution, which means that the abusers remain at large with no criminal record. How does this state of affairs protect other children? Will the Minister agree that the church authorities should always be bound to report the matter immediately to the civil authorities before entering into any negotiations for compensation with the victim? Compensation, if any, is additional to reporting, not a substitute for it.

Listening to and reading interviews with members of the hierarchy, I detect a collective missing of the point. Child abuse, the fact of it or an allegation of it, is primarily a criminal matter. The notion of teams of lawyers agreeing monetary settlements for child abuse in the same way as might occur, for example, in a civil claim for personal injuries is abhorrent and not in the public interest in the absence of a criminal prosecution. Such monetary settlements may well serve the injured party and the abuser well enough, but where is the public interest served in such transactions? What other category of paedophile could, in effect, buy his way out of a criminal process with, as has been revealed, the knowledge of the church authorities?

There would also appear to be some confusion as to the legal obligation to report this type of crime. Archbishop Connell in an interview with David Hanley this week said, "there was no obligation before 1987 to do anything of that kind". On 25 October 1994 the previous Minister of Justice in answer to my question stated:

A person who knowingly conceals a felon, which includes a person who sexually assaulted a child, or the fact that a felony has taken place, and any sexual assault is a felony, could, depending on the circumstances, be found to be an accessory after the fact and liable on conviction to be sentenced to a term of imprisonment. Where a person knowing that a felony has taken place does not report that felony to the police, then there is an offence of misprison of a felony at common law.

I hope the Minister will accept my bona fides in this matter. I have no wish to compound the difficulties in which the church finds itself at present and I trust the Minister will accept that my motivation is primarily to ensure that paedophiles are prosecuted rather than protected and permitted to evade justice, as has happened.

The bishops are currently putting together a policy document on this whole area, but that will be an internal church document. Child abuse is a crime. It is always a public matter which the State has a vital interest in prosecuting. The time has come for the State to engage in discussions with the church authorities on this most painful subject.

Mr. Currie

In a political career which spans a period almost as long as the Ceann Comhairle's — just three years short of it — I have found that on occasions it is good to give credit where credit is due. I had hoped the Deputy would have taken this opportunity to say something about two welcome developments which have occurred this week, and today is only Wednesday. The first development was that I signed the necessary orders to implement 44 new sections of the Child Care Act which will give the Garda, the courts and the health boards strong new powers to deal with child abuse and neglect. Yesterday I met my counterpart in Northern Ireland and we entered into arrangements which we hope will lead to a situation where there will be no hiding place for those responsible for child abuse or neglect anywhere on this island, north or south of the Border.

Regarding the matters the Deputy raised, child sexual abuse is one of the most serious crimes that can be committed and every citizen who has reason to believe or suspect that such a crime has been, is being or is likely to be committed should have no hesitation in reporting the matter to the Garda. That applies to every citizen of the State, irrespective of his or her position or status. In that regard, I make no distinction between members of the clergy and other persons. All of us have that responsibility. Not to report such matters may leave a perpetrator of such crimes free to re-offend. That is an important consideration to be borne in mind.

This is a matter of special concern to me. Last April I launched a new procedure for the notification of suspected cases of child abuse between health boards and the Garda. The new procedure clarifies the circumstances in which the health boards and the Garda are to notify one another of suspected cases of physical, sexual or emotional abuse or neglect of children and gives guidance on the consultations that should take place following such a notification. A central feature of the procedure is a standardised notification system between the agencies. The new procedure has been prepared by the Department of Health in consultation with the Department of Justice, the Garda authorities and the health boards.

As regards the need for similar procedures to be drawn up in respect of the reporting by the church authorities of suspected cases of child abuse, the Deputy will probably be aware that there are no such arrangements in place between the Garda and any of the churches. I can state, however, that the Garda, at the invitation of the Catholic Archbishop of Dublin, have met members of the clergy to outline Garda procedures in regard to the investigation of allegations of sexual abuse. In addition, the Garda made a presentation in relation to Garda procedures to a diocesan seminar for local clergy.

As I said, members of the clergy have the same responsibility and obligations to report crime as any other member of society. The law does not distinguish between members of the clergy and everyone else, nor does it single out members of the clergy; let us be clear about that. In this regard, there is a simple guiding principle. If one has information about a crime, one should inform the Garda. That is not something which necessarily needs to be laid down in procedures or regulations.

The question of putting in place regulations or procedures which would compel, presumably under threat of legal sanction, members of the clergy as opposed to any other group to report such matters to the Garda would have to be very carefully considered. The issues raised are certainly complex. For instance, the status of information obtained by a priest during confession, and the question of legally compelling him to disclose that information to the Garda, would need careful examination.

I am determined everything possible will be done to ensure that suspected cases of child abuse are notified to the proper authorities. The procedures now in place between the Garda and the health boards are proof of that. I will continue to work to this end and, notwithstanding the nature of the complex difficulties involved in drawing up procedures between the Garda and the churches, I will keep in mind what the Deputy said tonight as I deal with this most serious of problems.