The
Guardian was first off the blocks in the UK to report claims by campaigners to have uncovered "smoking gun" evidence of the Vatican's direct intervention into Irish child abuse cases which instructed bishops not to disclose evidence to the police.
Yesterday they reported a letter from the Vatican to Irish bishops which, it is claimed, shows that they specifically instructed the local bishops not to disclose suspicions and evidence of abuse to the police.
Some pretty big claims have been made which, if true, are the first direct evidence of a Vatican cover-up of instances of child abuse by Catholic priests.
"The letter is of huge international significance," said Colm O'Gorman, director of the Irish section of Amnesty International. "It shows that the Vatican's intention is to prevent reporting of abuse to criminal authorities. And if that instruction applied here [in Ireland], it applied everywhere."
Joelle Casteix, a director of the US advocacy group Survivors Network of Those Abused by Priests, described it as "the smoking gun we've been looking for."
However, Mouse has some concerns about this new evidence.
Firstly, the copy of it which is available on the Associated Press website, and has been reproduced in many of the reports is illegible, and no-one has quoted the full text of the letter.
(Update: this is now available HERE. Mouse has copied the full text below. Mouse's view has not changed at all based on the full text version.) This does make it rather hard to follow what has gone on. Mouse notes that none of the reports quote more than the odd half sentence of the letter, implying that they haven't actually read it either.
The letter is not much more than a page long, so Mouse is suspicious of it's vital importance in the issue. The Irish broadcaster RTE is cited as the source of the letter in almost all the coverage, yet they do not feature the story at all on their website, as far as Mouse can tell, which is odd in the extreme if they got their hands of a scoop of global significance.
Most importantly, however, those snippets which have been quoted in the media reports do not indicate to Mouse anything like an instruction to cover anything up.
The 1997 letter documents rejection of a 1996 Irish church initiative to help police identify paedophile priests. Signed by the late Archbishop Luciano Storero, Pope John Paul II's envoy to Ireland, it instructs bishops that their new policy of making the reporting of suspected crimes mandatory "gives rise to serious reservations of both a moral and canonical nature".
Storero wrote that canon law, whereby allegations and punishments are handled within the church, "must be meticulously followed"; any bishop who tried to go outside canon law would face the "highly embarrassing" position of being overturned on appeal in Rome.
The implication being made is that this instruction is a warning not to report, with the frequently quoted myth that the existence of Canon Law, dealing with internal disciplinary procedures of the Catholic Church, somehow means that the Church expects to by-pass national civil and criminal law - it does not, and never has. It is simply the means by which the Church deals with things. Nowhere in Canon Law does it say that Catholic priests or anyone else is above national law or that they should not comply with it fully.
The instruction that the relevant church laws and procedures "must be meticulously followed" strikes Mouse as a statement of the bleeding obvious. Any police officer or lawyer knows that a failure to follow due procedure can jeopordise an entire case, and by 1997, when this letter was sent, it was clear that the scandal was broad in scale with seirous criminal behaviour involved by a large number of people, so an instruction to take care to follow established procedures is hardly suspicious.
Similarly, the warning that automatically reporting all suspicions to the police also has potential issues with it is not evidence of a cover up. It is a very difficult line to draw as to when unusual behaviour becomes suspicious, and this could easily be read as an instruction to make sure there are reasonable grounds for suspicion before making reports.
(Update - with the benefit of the full text we can see that the reference to 'mandatory reporting' is not a reference to a proposal by the Irish Catholic Church, as has been reported in the press based on extracts from the letter. It a reference made within the Irish Catholic Bishops' Advisory Committee document to a proposal which was due to come forward by the Irish Civil Authorities on mandatory reporting.)
Next in the Guardian report is the claim that this kind of failure took place in the case of
Tony Walsh, highlighted in the 2009 Irish state report. This priest is estimated to have abused hundreds of children, and is perhaps one of the worst and most disturbing offenders who systematically used his position as a priest to abuse children. In December 2010 he was sentenced to 123 years imprisonment for his crimes. His de-frocking by the Irish Church was reversed on appeal by the vatican, and he went on to rape a boy. The chapter of the Murphy report dealing with Walsh was not released until after this sentence was handed down, and revealed how the Catholic Church in Ireland failed to report Walsh to the police when they should have (by 1979 at the latest).
However, Mouse struggles a little with this case as an example of this new letter being applied, as the police were involved in the Tony Walsh case by 1990, well before the appeal against his de-frocking and well before the letter was sent. The Murphy report criticises the police for failing to investigate fully and for deferring to the Irish Catholic Church, but not the Vatican for witholding evidence.
Clearly there is blame and fault in a number of places in this case, and the Irish Catholic Church is to blame for the failure to deal with Walsh's crimes lies when they had early suspicions and evidence.
But Mouse is still struggling to see the evidence of a Vatican instructed cover up. It may be there, and Mouse does not deny the possibility that the Vatican made such instructions, however, if this letter really is such an instruction Mouse we need to be able to read it, and the snippets quoted so far do not seem to indicate that it is a "smoking gun".
Mouse will, once again (as he has had to make this clear on many occasions), state categorically that none of this should in any way reduce the scale or impact of the abuse scandal. Those who have perpetrated crimes should be brought to justice as swiftly as possible, if this has not already happened, and any instances of cover-ups should be fully investigated and dealt with by the relevant civil authorities.
Mouse is not seeking in any way to defend the Catholic Church on the child abuse scandal where there is blame. However, he feels that it is irresponsible to put claims out there which cannot be substantiated by evidence. We do not serve the victims and their families any better for making unsubstantiated accusations against the Pope or the Vatican.
In the case of this letter, we need to see the full text, then to have a sensible reading of it without attempting to read between the lines or misunderstanding the role and nature of Canon Law. If it really is what campaigners are claiming, then it is of huge importance.
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Full text of the letter:
Your Excellency,
The Congregation for the Clergy has attentively studied the complex question of sexual abuse of minors by clerics and the document entitled "Child Sexual Abuse: Framework for a Church Response", published by the Irish Catholic Bishops' Advisory Committee.
The Congregation wishes to emphasize the need for this document to conform to the canonical norms presently in force.
The text, however, contains "procedures and dispositions which appear contrary to canonical discipline and which, if applied, could invalidate the acts of the same Bishops who are attempting to put a stop to these problem. If such procedures were to be followed by the Bishops and there were cases of eventual hierarchical recourse lodged at the Holy See, the results could be highly embarrasing and detrimental to those same Diocesan authorities.
In particular, the situation of 'mandatory reporting' gives rise to serious reservations of both a moral and a canonical nature".
Since the policies on sexual abuse in the English speaking world exhibit many of the same characteristics and procedures, the Congregation is involved in a global study of them. At the appropriate time, with the collaboration of the interested Episcopal Conferences and in dialogue with them, the Congregation will not be remiss in establishing some concrete directives with regard to these Policies.
For these reasons and because the abovementioned text is not an official document of the Episcopal Conference but merely a study document, I am directed to inform the individual Bishops of Ireland of the preoccupations of the Congregation in its regard, underlining that in the sad cases of accusations of sexual abuse by clerics, the procedures established by the Code of Canon Law must be meticulously followed under pain of invalidity of the acts involved if the priest so punished were to make hierarchical recourse against his Bishop.
Asking you to kindly let me know of the safe receipt of this letter and with the assurance of my cordial regard, I am
Yours sincerely in Christ
+Luciano Storero
Apostolic Nuncio