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	Statement by Minister for Children and Youth Affairs, Barry Andrews, Td on the National Audit of Catholic Church Dioceses Office of the Minister for Children and Youth Affairs January 7, 2009 http://www.omc.gov.ie/viewdoc.asp?Docid=970&CatID=11&mn=&StartDate=1+January+2009 [download report ] Firstly, I would like to mention the victims of clerical sexual abuse and especially to pay tribute to those who have shown tremendous bravery in coming forward to highlight these heinous crimes. The breach of trust by a member of society in which so much faith has been placed is painful and traumatic. Society as a whole must have confidence that allegations of child abuse are dealt with speedily and professionally. Our children deserve nothing less. I wish to inform you that the Cabinet today, January 7th, has taken the decision to notify the Commission of Investigation into the Dublin Archdiocese of the need for that Commission to carry out, under its terms of reference, an examination of the operation of practices and policies in relation to child protection by the Catholic Diocese of Cloyne. As previously indicated, I have this afternoon published and am laying before the Houses of the Oireachtas the HSE's audit undertaken on foot of the recommendations of the Report of the Ferns Inquiry (October, 2005). The update on the audit process provided by the HSE to the Office of the Minister for Children and Youth Affairs on January 31st, 2008 stated, "I wish to advise that on the basis of analysis by Child Care Managers of the replies received (to an audit questionnaire sent to all Dioceses), there is no prima facie case of serious non-compliance with the Ferns Recommendations. On that basis, therefore, I would not recommend to the Minister that any particular diocese should be referred to the Dublin Commission at this point in time. The HSE has, however, concern in respect of one particular diocese on foot of a recent complaint alleging non-compliance with procedures, received from the Office of the Minister for Children, which is currently under investigation." The HSE stated that in the absence of information about actual practice, the HSE audit was unable to verify to what extent child protection policies and procedures are being implemented in the various dioceses. The report on the allegations of child sexual abuse in the Diocese of Cloyne, prepared by the HSE, was received on December 4th, 2008 and this marked the completion of the audit process of all Catholic Church Dioceses. The HSE report states, "in context of the completion of review and the engagement now being provided by the Diocese, (the HSE) is of the opinion that a referral to the Commission of Investigation into Clerical Abuse in the Dublin Archdiocese is not warranted". However, I believe that there is evidence that points to the fact that Bishop Magee, as the responsible person, did not faithfully report actual compliance with child protection procedures and the manner in which clerical sexual abuse allegations have been dealt with. Accordingly, the Government has taken the decision to notify the Cloyne Diocese to the Commission of Investigation into the Dublin Archdiocese to carry out an examination of the Diocese (of Cloyne). In a post Ferns Inquiry environment, it is unacceptable that full and faithful reporting of child sexual abuse allegations should not take place. On October 25th, 2005 the Minister for Children wrote to (then) Archbishop Sean Brady, President of the Irish Episcopal Conference, seeking confirmation that the Framework Guidelines, 1996, are in place and that the recommendations of the Ferns Inquiry would be implemented. In a direct reply to the Minister dated November 23rd, 2005, the Bishop of Cloyne stated, "In this regard, I wish to affirm that, in the Diocese of Cloyne, the Guidelines contained in the 1996 Document of the Episcopal Conference, "Child Sexual Abuse: Framework for a Church Response" are fully in place and being fully complied with." He also stated, "In our endeavour to ensure a safe environment for children in the Diocese of Cloyne we have initiated a process that is fully compliant with the Directives of the Government as contained in Children First: National Guidelines for the Protection and Welfare of Children." The HSE's investigation corroborates the National Board for Safeguarding Children in the Catholic Church's (NBSCCC) finding that the Diocese did not adhere to either Church (Report of the Irish Catholic Bishop's Advisory Committee on Child Sexual Abuse by Priests, Religious, Child Sexual Abuse: Framework for a Church Response (1996)) or State (Children First: National Guidelines for the Protection and Welfare of Children) established guidelines for notifying the Gardai and the HSE of allegations of clerical sexual abuse. In addition, in the audit questionnaire completed by Cloyne and received by the HSE on the 3 Jan 2007, the Diocese stated that it was in compliance with Children First guidelines in that it notified the Garda and HSE of all child abuse cases. "The Diocese works in keeping with statutory guidelines "Children First" (1999) and "Our Duty to Care" and is committed to the appropriate implementation of "Our Children, Our Church" in keeping with the directions of the National Board for Child Protection and in this regard has in place a Diocesan Child Protection Policy which is designed to meet the requirements of both Statutory and Church Guidelines." (Audit Return) Yet, in hindsight, the HSE records provide evidence that at the time that the audit questionnaire was completed, the Diocese was in fact handling a complaint in relation to child abuse, which it had failed to notify to the HSE. It is for this reason – the discrepancy between stated policies and procedures and the validation of these policies and practices - that I believe it necessary to refer the Diocese of Cloyne to the Dublin Commission. The HSE's report and indeed the NBSCCC's report into the Diocese of Cloyne refer to the strides taken in very recent times in the Diocese to improve the manner in which child protection matters are handled. However, full confidence can only be restored by a further examination of the implications of historic cases and allegations in the Diocese in relation to the operation of child protection policies and procedures in the Diocese. This is provided for under the terms of reference of the Dublin Archdiocese Commission of Investigation, specifically article (g): to examine, following a notification from the Minister for Health and Children that a Catholic diocese in the State may not have established the structures or may not be operating satisfactorily the procedures set out in the Report of the Irish Catholic Bishop's Advisory Committee on Child Sexual Abuse by Priests, Religious, Child Sexual Abuse: Framework for a Church Response (1996) and any subsequent similar document, the position in that diocese. In addition, I have informed my Cabinet colleagues that my Office, the Office of the Minister for Children and Youth Affairs, and the HSE are engaged in discussions with the NBSCCC in an effort to clarify the important role that the Board has in monitoring child protection procedures within the Catholic Church. In this respect, I am anxious to give effect to the words of Cardinal Brady when he spoke of the need for the NBSCCC to "continue its work in cooperation with the statutory authorities and with the full support of everyone in the Catholic Church in Ireland". Archbishop Martin has also spoken in recent days about the need for "partnership" between the NBSCCC and the statutory authorities in relation to child protection matters. There is a clear understanding that there is but one statutory authority in the State charged with investigating child protection matters. That is the HSE. There was an obvious difficulty surrounding the provision of information by the bishops as sought under Section 5 of the national audit. The absence of this information significantly detracted from the value of the HSE audit. In an attempt to overcome this difficulty, my Office and the HSE will be engaging with the NBSCCC over the course of the next few weeks to explore and put in place in place mechanisms that will ensure that both the HSE and the NBSCCC can be satisfied that the highest standards of child safeguarding will be implemented throughout the country. I would like to recognise the positive steps that the Catholic Church has taken to put in place robust child protection practices throughout the country. It should be remembered that international research suggests that less than two percent of members of the clergy have had allegations of child sexual abuse made against them. The steps that I have announced today offer the Catholic Church in Ireland the opportunity to comprehensively address the deficit in trust that still exists in relation to the notification and reporting of child sexual abuse allegations. Statements made by Cardinal Brady and Archbishop Martin suggest that there is a willingness to address these issues and that is to be strongly welcomed.
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