Derek Keating (Dublin Mid West, Fine Gael)

Like all Members, I am appalled at the findings of the commission of investigation report into the handling by the church authorities of the abuse of children in the Catholic dioceses of Cloyne. It makes distressing reading. I stand beside and in support of those who have been abused in the dioceses of Cloyne.

The dioceses of Cloyne is more than 800 years old, it has 46 parishes and a population of more than 160,000 people. There are 12 religious communities working in the dioceses with approximately 140 priests. I make this point because I wish to highlight to the House the power that one person, one bishop, has over a dioceses and how that one person in Canon Law and in practise is all-powerful. I emphasise the point because page 33 of the report states that "as long as he operates within the canon law the bishop is free to organise the day to day running of his diocese as he sees fit". The commission of investigation is aware that some 40 people may have been affected by clerical sexual abuse in the dioceses of Cloyne. It is unacceptable and appalling that the diocese of Cloyne never attempted to ascertain if there were other complaints involving the 19 clerics within its remit, of which 12 had a single complaint made against them. I was also shocked to discover from the report that only one priest has been convicted of child sexual abuse.

Perhaps the most distressing and shocking aspect of the report, other than the abuse against children, is the fact that the then Bishop of Cloyne, Bishop Magee, lied, concealed and frustrated investigations into the abuse of children. Effectively, this gave individual Irish bishops the freedom to ignore the procedures agreed nationally by the Irish church. It allowed Monsignor O'Callaghan to dissent from the stated official church policy on protecting children. Here, the conflict between Canon Law and civil law clashes. No individual, organisation or group can act autonomously under the law here. Yet we have seen that through Canon Law the Bishop of a dioceses may decide to ignore civil law with the protection of the Holy See.

I refer to the issue of mandatory reporting and why we must have it in this jurisdiction. Mandatory reporting requires citizens to report all suspicions of serious crime, including child abuse. Mandatory reporting of child abuse requires all citizens or designated professionals to report child abuse if they are aware of or suspect that child abuse exists and that a child is at risk. However, mandatory reporting of child abuse, suspected child abuse or wilful neglect in the European Union falls into four categories. Of the 27 member states, Ireland, Germany, the Netherlands and the United Kingdom do not have mandatory reporting as of yet. I was pleased to hear the Minister, Deputy Shatter, announce last week as part of the Government's response to the report on Cloyne a new programme to protect children.

It is interesting to note that the majority of member states have a form of mandatory reporting of child abuse and wilful neglect. For example, Minister Paula Bennett of the New Zealand Government is currently presenting a Green Paper on child protection which will include mandatory reporting. It is expected to be finalised in the autumn of this year. In Ireland, some 90% of school principals have supported mandatory reporting of child abuse and wilful neglect. More recently, Cardinal Seán Brady has called on the Government to introduce mandatory reporting in its fullest form. The State has seen numerous reports including, the Kilkenny incest case, the Kelly Fitzgerald case, the Roscommon investigation case, the Ferns report and the Murphy report on the Dublin dioceses. All have called for the introduction of mandatory reporting.

A basic civil right for children is that they should be treated the same if not better than adults, especially if a crime is committed or suspected to have been committed against them. They should have the full support of the State and its professionals if there is a question of abuse or wilful neglect. Child welfare issues should not be used by social workers and other professionals to highlight the problem of child protection. The wrong message is being sent to victims when we have one law for adults and another for children. It is unacceptable that this is so, which is why I endorse wholeheartedly the Government's approach to dealing with this problem in society.

In the last few days I have received a number of items of correspondence, some from members of the clergy, and telephone calls about the discussion on mandatory reporting. I will not be put off my responsibility to this House and the people who sent me here. The Government has sent a very clear statement, expressed today, deploring the Vatican's intervention which contributed to the undermining of the child protection framework and guidelines in the State. I commend the motion to the House.

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