UNITED STATES
National Catholic Reporter
Kieran Tapsell | Jun. 16, 2015 Examining the Crisis
Cardinal Desmond Connell, the former archbishop of Dublin, told the Murphy commission in Ireland that mental reservation was deceiving someone without telling a lie. He said it is permissible to use “an ambiguous expression realising that the person who you are talking to will accept an untrue version of whatever it may be.”
There is an exquisite piece of mental reservation in a recent announcement from the Vatican. According to Vatican Radio, “The Pontifical Commission for the Protection of Minors presented a five point plan to the Pope and his closest advisors at this week’s meeting, including the establishment of a ‘new judicial section’ to examine all cases of bishops accused of abusing their office and failing to report crimes committed by priests in their care.”
The ambiguous expression in this case is “failing to report crimes” because it does not say to whom the bishops should have reported. Nearly everyone would understand the expression to mean reporting to the police. That is not what the Vatican means. It means reporting to the Congregation for the Doctrine of the Faith in every case and only sometimes to the police.
As the Holy See told the Irish foreign minister in 2011, bishops are the governors of their own diocese, and so far as the church is concerned, the only restraint on them is canon law. Bishops can only be put on trial before this new tribunal for breaching canon law. A bishop who fails to report credible allegations of child sexual abuse by clergy to the Congregation for the Doctrine of the Faith is in breach of canon law because that obligation is set out in the decree Sacramentorum Sanctitatis Tutela.
Likewise, canon law in the United States since 2002, and for the rest of the world since 2010, requires bishops to comply with domestic civil reporting laws. A failure to do so constitutes a breach of canon law. The recently resigned bishops — Archbishop John Nienstedt and Auxiliary Bishop Lee Piché of St. Paul-Minneapolis and Bishop Robert Finn of Kansas City-St. Joseph, Mo., who was convicted by a Missouri court of failing to report a priest’s possession of child pornography — could be brought before the new tribunal for failing to comply with civil laws on reporting as required by the norms approved in December 2002 by the Holy See for the United States.
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