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Dublin: 8 °C Thursday 23 May, 2013

New row between Church and State over ‘privileged’ confessions

Frances Fitzgerald says the ‘privilege’ of confession will not exempt a priest from new duties reporting child abuse.

Frances Fitzgerald has insisted that there will be no exemption for priests in new laws which make it an offence not to report a crime.
Frances Fitzgerald has insisted that there will be no exemption for priests in new laws which make it an offence not to report a crime.
Image: Sasko Lazarov/Photocall Ireland

THE CHILDREN’S MINISTER Frances Fitzgerald has insisted that priests who are given admissions of child abuse during the sacrament of confession will not be exempt from new rules on mandatory reporting.

Launching the Children First guidelines on child protection yesterday, Fitzgerald said legislation currently being passed through the Oireachtas – which will make it an offence not to report a crime – will not give an exemption to confession.

The Irish Examiner’s Juno McEnroe reported Fitzgerald as bluntly saying the existing ‘privilege’, under which evidence given in confession is not considered admissible, would not be retained under the new laws.

“The point is, if there is a law in the land, it has to be followed by everybody. There are no exceptions, there are no exemptions,” the Catholic News Service quoted her as saying.

The insistence has met with dismay by the Church, with priests’ groups saying they would rather encourage a guilty party to report their own crime than be forced to do so themselves.

Fr PJ Madden, a spokesman for the Association of Catholic Priests, said: “In my own right as a priest, what I understand is [that] the seal of confession is above and beyond all else.”

Madden said the seal was “very sacred… for lots of different reasons way beyond this one single issue.”

Conservative commentator David Quinn of the Iona Institute also told the Catholic News Service that the proposal was “unprecedented” and would ultimately make society “less safe”.

The matter of privilege confessions has become a hot topic in the aftermath of the publication of the Cloyne report, which found that Gardaí were not informed of some cases of clerical sexual abuse in the Cork diocese.

Poll: Should priests be exempted from mandatory crime reporting?

More: Government ‘won’t rest’ until Vatican responds to Cloyne Report >

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Comments (29 Comments)

  • Let’s face it, the church has proved itself to be untrustworthy and cannot be relied upon. Therefore, it needs to join the modern world and become liable for the (in)actions of its’ members.

    And yes, while they’re at it, throw that eejit withholding the Anglo passwords in Mountjoy until he unlocks those computers.

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  • Unfortunately I predict a u-turn spun as clarification.

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  • How on earth do they think this ruling will make society ‘less safe’?
    This goes way beyond child abuse and covers everything they hear in confession – priests should *not* have any special rank in the law, and should be obliged to report what they hear, just like every other citizen here.

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  • I don’t understand the mindset of a person whose first instinct/reaction upon hearing of such a horrible, horrible crime isn’t to report them as soon as physically possible.

    If a priest hears about a crime in confession and doesn’t report it they too should be accountable and prosecuted for not reporting the crime. Someone’s personal beliefs do not shield them from nor place them above the law. The church has had too much power for far too long in this country and it’s about time they started to realise they’re not above the law.

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    • There’s a general good feeling between the priest that committed the rape and the priest that forgives him, as they both think they are implementing God’s forgiveness. To show how truly lost the Catholic church is, they completely ignore the child victim here, but since they’ve never had children of their own, they have no compassion for them.

      Of course, when the children come back years later, emotionally destroyed, they fight them with all of their remaining power and might. It is the job of citizen’s to destroy that power and might, and restore a Catholic church that follow’s God’s laws, not these bishop’s and priest’s laws.

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  • The law is a blunt instrument – someone steals trees from Declan Ganley and gets two years, but the white collar criminals and fraudsters in this country get away scott free.

    The confessional and solicitors privilege should both be done away with as as means for the worst of criminals to salve their consciences. The right to silence to avoid self-incrimination should be removed across the board and internationally.

    Deletion of e-mails and correspondence to suppress evidence should be made a criminal offence with mandatory sentencing.

    And while I’m on this, has that toe-rag who refused to hand Duke the decryption keys to Anglo files been given the sodium pentathol meal yet?

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  • Pen Name 16/07/11 #

    As far as I know the reports of child abuse didn’t originate in the confessional so it’s not the main problem. Yet it’s a nettle that needs to be grasped. If you go about taking confessions and then follow up with forgiveness rather than punishment, there’s something wrong with your sense of social responsibility.

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  • Should that picture caption read ‘not to’ as opposed to ‘to’?

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  • So for child abuse the priests are forced to tell the authorities … what about murder, rape (adult), robbery, theft, etc. Are these less heinous crimes? If government is really serious they would make it for all crimes. Otherwise this is just a PR stunt being used to gain browny points with a hurt nation.

    People have given their lives for their religious beliefs, and will continue to. Just because the law is written does not mean the battle is won either. I expect to see priests thrown in jail in the future, this is far from over just because a government minister says it is “so”.

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  • Shurch & State? :P

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  • This isn’t anything new for the church. In the states they are required by law to report any person/crime that any reasonable person believes will occure again or if the person is a danger to themselves or others.

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  • While I agree that confession should not be given exemption fron the requirement to report crime, I’m extremely disturbed at the idea of it being made a criminal offence not to report any crime witnessed of heard about.

    For one, I don’t want to be criminalised if I don’t inform on my friends and acquaintances for speeding or smoking a joint or not having a tv license. Secondly, if the people of Ireland scrupulously obey this law the gardai and courts will be overwhelmed with cyclists on footpaths, rubbish dropped on the street, etc.

    Now I’m sure if this law was passed the intention would not be to criminalise everyone who sees a joint smoked or a cigarette butt dropped on the ground, but to apply pressure in cases that are getting stuck… but the law will still be there and enforcable, and that’s frightening.

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  • How would this make society less safe? David Quinn really is a simpleton.

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  • Who would have ever thought that persecution of the Catholic Church in Western society would begin in Ireland? What a shame. These politicians who think the Church would abandon the seal of confession have lost their mind. All they are doing is posturing to advance their pathetic political careers.

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  • Misspelling in the headline

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  • Friday the Irish Minister for Children announced that nobody would be exempt from the reporting of abuse in Ireland even in the confessional. Brave words from a increasingly confused Minister Fitzgerald. Her portfolio is that of children not law. Law is the realm of the Minister for Justice who was silent on the issue.

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  • Its can be comforting to think of this as a row between Church and State, but it over plays the distinction and very close relationship between the two since the inception of the State itself.

    Myself and few other put this podcast together >> The Church and State: How They Made Society Silent
    http://www.mixcloud.com/Soundmigration/the-church-and-state-how-they-made-society-silent/

    We went out on to the streets to see what people think themselvers and have interview with :
    Diarmuid Ferritter on the very singular role that the Church played in moulding and dealing with Social Policy from the start of the State.
    Mary McAuliffe from the organisation Justice For Magdalenes speaks about the extent that the State and the Church were complicit in the brutalisation and enslavement of generations of young women.
    The subsidiary role allotted to women in Irish society thanks to the Church is illustrated and spoken about by Dr. Helen Keyes
    Mannix Flynn about how he feels we can best move on as a society

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