Vol. 463 No. 6
15 Ms O'Donnell asked the Minister for Justice what formal discussions, if any, have taken place between the Garda authorities and the Church authorities regarding the new published guidelines of the Church authorities for the reporting of allegations of sexual abuse; and if she will make a statement on the matter. [7084/96]
The guidelines referred to by the Deputy are set out in a report — Child Sexual Abuse: Framework for a Church Response — which was prepared by the Irish Catholic Bishops' Advisory Committee on Child Sexual Abuse by Priests and Religious. The report was launched on 30 January 1996. The Garda authorities were not represented on the advisory committee.
As indicated in the report, representatives of the Garda Siochána domestic violence and sexual assault investigation unit and representatives of a number of statutory and voluntary agencies attended listening days held by the advisory committee during January and February 1995. No formal discussions have taken place between the Church authorities and the Garda since the guidelines were published.
Is the Minister of State saying that, notwithstanding the publication of these guidelines relating to cases of suspected sexual abuse of children by members of the clergy, nothing has been done on either side to discuss how they might be implemented or to open up lines of communication between the Garda Síochána and the Church authorities to permit information to be passed to the Garda, and that nothing practical has been done in the context of these two bodies to implement the guidelines in question?
The Deputy will appreciate that the advisory committee was established by the Irish Catholic Bishops' Conference. The terms of reference of the advisory committee were to consider and advise on an appropriate response by the Catholic Church in Ireland where there is an accusation, suspicion or knowledge of a priest or a religious having sexually abused a child, to identify guidelines for Church policy in this area and suggest a set of procedures to be followed in these circumstances.
The Garda authorities were not represented on the advisory committee. There was no direct consultation between the advisory committee and the Garda Síochána, and while one might think that such consultation would not have been out of place, a private organisation was clearly free not to consult if that was its wish. Garda representatives together with a number of statutory and voluntary agencies contributed to the listening days held by the advisory committee during January and February 1995, but clearly this kind of participation in the work of the committee cannot be classified as consultation.
Bearing in mind that there seems to be a reluctance to discuss how these new guidelines would be implemented in so far as they relate to informing the Garda of such abuse, will the Minister of State take the initiative and ask the Commissioner of the Garda Síochána to contact the relevant Church authorities with a view to establishing channels of communication so that these guidelines can take on some real life as opposed to a paper existence?
The Church authorities, like any other private organisation, can decide what they wish to do with their own report. I am quite sure that if the Church authorities wish to talk to the Garda Síochána about this matter or the Garda wish to talk to the Church authorities, that can happen. I see no reason why I have to facilitate it. I have given a great opportunity to everyone who is concerned with these matters to contribute to the discussion paper which I published last month on which I invited submissions by the end of April. That presents an opportunity for all who are concerned about allegations of abuse to make their contribution, and I hope that all organisations and all individuals will take up the opportunity that is being offered to them.
The Minister must misunderstand me. I am not talking about further discussion papers, etc. I am talking about the implementation of these guidelines which involve having channels of communication opened between the Church and the Garda Síochána so that the Church can pass on relevant information to the Garda who can do something about these cases. Will the Minister not take the initiative and ask the Garda Commissioner to contact the relevant Church authorities so that they can establish between them lines of communication which will in future prevent and bring to light cases of sexual abuse?
Clearly the Deputy was not listening to me, because I have pointed out, and it is self-evident, that we are talking here about a private organisation which produced its own set of guidelines. If they wish to talk to the Garda or if the Garda wish to talk to them they can do it. I do not think that my good offices are required in that respect.
As we are discussing this in the context of the discussion paper referred to by the Minister of State, does he agree in principle with the notion of mandatory reporting? Does he disagree, or has he any views on the matter?
That is a different question.
It is related.
If the Deputy has a supplementary question relating to this question, let us hear it.
The Chair is interpreting the question very narrowly. It arises directly out of the question.
Is it desirable that there is no uniformity in the law governing those who come into contact with children, that one law applies to people in the State sector and another to those from the non-State sector and that each voluntary organisation, including the Church, has its own set of guidelines? Does he propose to do anything about that?
In spite of the number of times the Deputy has professed an interest in this subject, clearly he has not read the discussion paper or my comments on it.
I have.
I made it absolutely clear at the beginning of the discussion document that I had an open mind on mandatory reporting.
In response to the Deputy's second question, discussion on my document on mandatory reporting provides a great opportunity to debate the very issues he raises.
