IRELAND
The Journal
THE CONTROVERSIAL new legislation which would make it a criminal offence not to disclose information relating to the abuse of a child would not address the current exemptions granted to priests, it has emerged.
A briefing paper for TDs and Senators, produced by the Oireachtas library service, has noted that the Withholding of Information on Offences against Children and Vulnerable Persons Bill does not remove the privilege given to priests under a court ruling from 1945.
In that ruling – in the case of Cook v Carroll – the High Court held that priests enjoyed “sacerdotal privilege”, which gives them the right to “refuse to divulge any confidential communication whatever made to him as a priest”.
That means that any disclosures made to a priest – even if they are not given through the sacrament of confession – do not have to be referred onwards, as they are considered to have been made in confidence.
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