Canon law in conflict with State legislation

Taoiseach Leo Varadkar has suggested the Catholic Church worldwide should replicate Ireland’s use of mandatory reporting of sexual abuse. What would this involve?

It would require the Church to adopt a blueprint for mandatory reporting in the Children First Act 2015. The relevant section came into force last December.

It requires a “mandated person” who knows or has reasonable grounds to suspect that a child has been harmed or is at risk of being harmed to report this to Tusla, the child and family agency.

Mandated persons include medical professionals, social workers, teachers, gardaí and clergy. Prior to this, Ireland had non-statutory guidelines introduced in 1999.

Has the law been supported by the Catholic Church in Ireland?

To a large extent it has, save in one key area – admissions of sexual abuse made to a priest during confession.

Where does the law stand on such admissions?

The law does not allow for confessional privilege, so priests who do not make a report in such circumstances are committing an offence.

But this has proved problematic for the Catholic Church where, under canon law, the sacramental seal is considered inviolable.

What has the Catholic Church advised priests to do in such situations?

Until earlier this year, the National Board for Safeguarding Children in the Catholic Church told priests they were exempt from reporting admissions of child abuse made in the confession box.

After this was highlighted in media reports, the board shifted to an ambiguous position. Its updated standards simply state what the law of the land is and what canon law is, effectively leaving it up to priests to decide what to do.

How many reports have been made to Tusla by religious bodies?

In the six months after the law was enacted, there were 19 reports by clergy or pastoral care workers – a tiny proportion of the 5,355 reports received by Tusla in that period.