Canon law 'misused in abuse cover-ups'

By Megan Neil
Yahoo! News
February 09, 2017

https://au.news.yahoo.com/a/34373092/canon-law-misused-in-abuse-cover-ups/#page1

A royal commission is likely to recommend priests be required by law to report knowledge of sex offences to get around a Catholic secrecy rule that's allegedly hampered the response to child sex abuse.

The child sex abuse royal commission heard on Thursday that canon law had been used as an excuse not to report abuse or to leave alleged offenders in ministry - despite some church rules making it possible for a bishop to take significant action.

Experts on Thursday debated the correct application of the "pontifical secret" which applies to allegations of crimes against faith or morals - like child sexual abuse and bestiality.

The commission heard that some experts think the secret prohibits leaders from going to authorities unless they are required to by civil law.

Commissioner Robert Fitzgerald asked if any aspect of the church's canon law would conflict with a NSW-style reportable conduct regime, which also examines how the allegation was handled.

He said it was "likely" the commission would recommend such a regime.

"I don't think there is anything that would prohibit the reviewing (of) the documents, the facts and the details of the investigation," American canon lawyer and whistle-blowing priest Father Thomas Doyle said.

Chair Peter McClellan said: "It would be a significant intrusion in practice and I could imagine some Church people would not like it."

"I'm sure they wouldn't like it," Dr Doyle replied.

Dr Doyle said canon law was often used as an excuse not to report abuse.

He said the three common functions of government - judicial, executive and legislative - combine in the office of Pope and bishop and that it was hard to rein in someone who steps outside the law.

Dr Doyle said "expediency with regard to protecting the image of the institution" was the norm governing action on numerous allegations of abuse.

"The rule or norm that was governing this action was expediency with regard to protecting the image of the institution," he said in Sydney.

Dr Doyle, who was part of a panel discussing Church discipline and secrecy, was fired from his job in the Vatican's Washington embassy after taking an interest in victims in the 1980s.

Victoria is about to enact a similar reporting regime to NSW, the royal commission heard.

The hearing is expected to continue on Friday.