HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ Audit of Safeguarding Arrangements in the Catholic Church in Ireland Volume 1 Dioceses Report July 2012 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ______________________________________________________________________________ HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ TABLE OF CONTENTS Part One Foreword 4 Acknowledgements 6 1. Background 8 2. State Guidance and Legislation and Church Guidance 20 Part Two 3. Executive Summary & Summary of Findings 35 4. Methodology 50 5. Audit Findings By Diocese 62 Anchory 63 Ardagh & Clonmacnoise 68 Armagh 75 Cashel & Emly 82 Clogher 90 Clonfert 100 Cloyne 108 Cork & Ross 116 Derry 126 Dublin 132 Elphin 143 Ferns 150 Galway 159 Kerry 167 Kildare & Leighlin 177 Killala 183 Killaloe 189 Kilmore 195 Limerick 203 Meath 210 Ossory 218 Raphoe 226 Tuam 235 2 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ Waterford & Lismore 244 6. Recommendations 254 7. Appendices 257 1. Letter from Minister for Children, Brian Lenihan T.D. to HSE, October 2005. 2. Letter from HSE to Catholic Bishops, November 2005. 3. Letter from Minister for Children, Brian Lenihan T.D. to HSE, November 2005. 4. Audit Questionnaire Appendix A. 5. Letter from HSE to Minister for Children, June 2006. 6. Letter from HSE to Minister for Children, October 2006. 7. Letter from HSE to Catholic Bishops, December 2006. 8. Letter from HSE to Minister for Children, May 2007. 9. Letter from HSE to Catholic Bishops, June 2007. 10. Letter (2) from HSE to Catholic Bishops, June 2007. 11. Letter from OMCYA to HSE, November 2007. 12. Letter from HSE to OMCYA, November 2007. 13. Letter from OMCYA to HSE, December 2007. 14. HSE Audit Report, December 2008. 15. Audit Questionnaire Section 5. 16. Letter from HSE to Catholic Bishops, July 2009. 17. Correspondence from HSE to OMCYA, November 2009. 18. Correspondence from OMCYA to HSE, December 2009. 19. Letter from HSE to Catholic Bishops, December 2009. 20. Section 5 verification document. 21. Safeguarding standards and criteria. 22. Letter from HSE to Catholic Bishops, December 2011. 23. Standards Compliance Update Questionnaire, December 2011. 24. Bibliography. 25. Map of dioceses. 26. Glossary. 3 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ FOREWORD The sexual abuse of a child by a trusted adult is a traumatic event for the child and can have catastrophic effects on the life experiences and life chances of the child as he or she progresses into adulthood. This is now widely understood and accepted. What is less clearly understood is the impact that the disclosure of abuse has on the organisation to which the adult belongs. In many cases there is shock and disbelief; an unwillingness to accept the facts, leading in turn to inertia of action and subsequent mismanagement of the situation. It was concerns in relation to possible mismanagement of disclosures of abuse that led to the Government asking the Health Service Executive to conduct an audit of the arrangements for safeguarding children in the Catholic Church in Ireland. The Audit process has been protracted and a number of obstacles, which are detailed within this report, had to be overcome a comprehensive report on the overall state of safeguarding children within the Church Dioceses could be produced. The delay has not been without its benefits in that in making assessment of the safeguarding arrangements we can now the Standards and Guidance Document for the Catholic Church in Ireland issued by the National Board for Safeguarding Children in the Catholic Church in February 2009. This document is now the first and key point of reference for all those with responsibility for implementing the Church’s safeguarding policy and procedures. The document enables everyone in the Church to reach a uniform standard of best practice in safeguarding. In this report, the achievement of each diocese in the application of the standards up to November 2011 is analysed as is the information on allegations and information about accused priests as supplied by dioceses in response to audit questionnaires. It is clear that dioceses are at different stages of development but are progressing positively. The analysis of the position in each diocese will facilitate the further development that is needed to achieve the goal that is set out in the Safeguarding document issued by the National Board. It is to this area of activity that any available resources should be targeted. It is crucial that all Church activities are entirely compliant with Children First as re- issued July 2011. It is welcome that the church re-affirmed its commitment to put children first and to do so unequivocally to counter the evidence and belief that child protection was not always seen as the top priority. ________________________________________________________________________ 4 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ This audit and the co-operation of the Church can be of great significance in the journey towards truth and reconciliation. The Church will be further assisted as it publishes the National Safeguarding Board audit reports on a diocese by diocese basis. Society needs to put the protection of children above all other considerations. Only then can the distressing betrayals of trust belong completely in the past. Gordon Jeyes, National Director, Children and Family Services, Health Service Executive July 2012 ________________________________________________________________________ 5 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ ACKNOWLEDGEMENTS The HSE National Office for Children & Families co-authored this report with the advice and expertise of Dr. Kevin McCoy of McCoy Consulting Ltd, social care consultant to this Audit. Mr. Mike Corcoran, National Specialist, Quality Assurance HSE Children & Families, was director of the project. In earlier phases the Church Audit project was led by the former national specialist for child protection, Mr. John Smyth and by assistant national directors Mr. Séamus Mannion (now retired) and Mr. Phil Garland. The former HSE Child care managers nationwide have provided valued analysis and assistance at various stages since the inception of the Church audit through both their liaison with bishops and the cross-referencing of allegations information provided by dioceses. Independent advice was also received from experts in the following fields: Dr. Jim Jamison provided expertise and advice in the area of statistical analysis and counsel to the Church Audit was Mr. Conor Dignam BL. Solicitor to the report was Ms. Tara Downes of HSE Legal Services. The National Bureau for Criminal Investigation of An Garda Síochána cross-referenced allegations information with its records and the co-operation and resources committed to this task by An Garda Síochána is acknowledged with gratitude. Thanks are also given to Liam Browne, Peter Feeney, and Patricia McCoy of McCoy Consulting Ltd who assisted in the analysis of data. The co-operation and forbearance of Bishops, Child Protection delegates, religious leaders and the National Board for Safeguarding Children in the Catholic Church, throughout this voluntary process is recognised with gratitude. ________________________________________________________________________ 6 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ PART ONE Background & Church and State Guidance ________________________________________________________________________ 7 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ 1. BACKGROUND The Minister for Health & Children formally established the Ferns Inquiry on 28th March 2003 on foot of a recommendation contained in a preliminary report into the Roman Catholic diocese of Ferns in August 2002. The terms of reference of the Ferns Inquiry included a requirement to identify what complaints or allegations of child sexual abuse had been made against clergy operating under the aegis of the diocese of Ferns and the adequacy and appropriateness of responses by Church and State authorities. The final report of the Ferns Inquiry (generally referred to in this report as The Ferns Report) was delivered to the Minister for Health & Children in October 2005. Twenty legal, regulatory and general recommendations made in the Ferns Report were accepted by the Government and the report was published on 25th October, 2005. Chronology of Events On 26th October 2005 the then Minister for Children, Mr. Brian Lenihan T.D., wrote to the Health Service Executive (HSE) (Appendix 1) requesting: “that the HSE make contact with the individual Bishops as a matter of urgency to commence an audit of child protection practices and compliance with the [Ferns] report’s recommendations”. The Minister also requested that: “The inter-agency review group which has worked so effectively in the Diocese of Ferns for the past few years should be introduced in all areas. This group would comprise the Diocese, An Garda Síochána and the HSE and every suspicion or allegation of clerical child sexual abuse would be brought to the attention of the group”. In this regard, the Minister requested that: “The HSE would undertake to convene the meetings of the Inter-agency Review Group and to record and maintain its records”. On foot of the Minister’s aforementioned correspondence, the HSE wrote to bishops of Catholic Church dioceses in Ireland on the 7th November 2005 (Appendix 2) advising that the HSE had been asked by Government to liaise with each individual bishop on the implementation of the recommendations contained in the Ferns Report and to arrange an audit of current child care practices. This letter advised that organisational arrangements would be put in place to liaise with each diocese to facilitate the audit. Each bishop was requested to confirm: • the child protection practices being followed by each diocese at that time; ________________________________________________________________________ 8 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ • that the diocese would be complying with the recommendations made in the Ferns Report; • any steps that had been taken to date to implement the recommendations of the Ferns Report; • the availability of each bishop to liaise with the HSE on advancing matters. On the 9th of November 2005, the Minister for Children wrote to the HSE (Appendix 3) advising that the Government had set up a statutory Commission of Investigation chaired by Judge Yvonne Murphy into “the handling of child sexual abuse cases by the Dublin Archdiocese” (generally referred to in this report as the Commission of Investigation) and a copy of the terms of reference for the commission were enclosed. In this letter the Minister drew an express link between two of the terms of reference of the Commission of Investigation with his earlier correspondence to the HSE in which he requested it to conduct an audit of Catholic Church dioceses. The terms of reference in question were: “7. To examine, following a notification from the Minister for Health and Children that a Catholic Church diocese in the State may not have established the structures or may not be operating satisfactorily the procedures set out in the report of the Irish Catholic Bishops’ Advisory Committee on Child Sexual Abuse by Priests and Religious, Child Sexual Abuse: Framework for a Church Response (1996) and any subsequent similar document, the position in that diocese. 8. To examine, following a notification from the Minister for Health and Children that a Catholic diocese in the State may not be implementing satisfactorily the recommendations of the Ferns Report delivered to the Minister for Health and Children on 25th October, 2005, the position in that diocese. ” Therefore, the audit report that would be delivered by the HSE to the Minister for Children would assist in informing the Minister as to whether it would be necessary to refer a diocese to the Commission of Investigation. Furthermore, the terms of reference of the Commission of Investigation, as outlined in the Minister’s letter, made clear that the Commission was concerned with Catholic Church dioceses in the State, the corollary of which was that the audit to be conducted by the HSE concerned only those dioceses with a presence in the Irish State. At a meeting between the HSE and Office of the Minister for Children on the 24th November, 2005 the audit was addressed. Discussions ensued on arrangements to audit Church practices against the Church guidance of the time, “Child Sexual Abuse - Framework for a Church Response” (generally referred to in this report as The Framework document), shortly to be replaced by “Our Children, Our Church - Child Protection Policies and ________________________________________________________________________ 9 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland ___________________________________________________________________________ Procedures for the Catholic Church in Ireland” (generally referred to in this report as Our Children Our Church). It was agreed that there should be a single national approach to the audit and that the HSE would examine the scope of the audit and determine procedures to ensure a common approach. At that meeting it was confirmed that were the HSE to establish non-compliance by a diocese with the Church’s child protection guidelines or with the Ferns Report recommendations, this may trigger referral of that diocese by the Minister to the Commission of Investigation. Over the course of the following weeks the HSE put organisational structures in place to facilitate the audit and to address both the Minister’s request and the recommendations of the Ferns Report that pertained to the HSE: • Child care managers were designated to each diocese to liaise at a local level with bishops in relation to the audit. • A Ferns Governance Group was established within the HSE to address all recommendations of the Ferns Report that required actions on the part of the HSE. • A National Inter-agency Committee comprising the HSE, Church representatives and An Garda Síochána was established to look at establishing local Inter Agency Review Committees as recommended by the Ferns Report. Under the auspices of the Ferns Governance Group, meetings with child care managers were convened to discuss the draft terms of reference of Inter-agency Review Committees and the approach to the audit. An audit sub-committee of child care managers was established to examine all issues relating to the audit and to draft proposals on the approach to the audit, in particular the format and content of an audit questionnaire. The audit sub- committee proposed an approach to the audit whereby a questionnaire would be circulated to all dioceses with a view to eliciting information and facilitating a subsequent national analysis. The interpretation by the HSE of the spirit and intention of the Minister’s initial letter to the HSE, whereby it was asked to liaise with individual bishops, was that the word “audit” was not intended to imply the more common usage of the word in accountancy circles, or an onsite examination of Church files. Rather, it appeared that what was envisaged was that the HSE would liaise with dioceses to ascertain the current position in relation to the implementation of the Church’s own child protection policies and procedures and the handling of allegations of child sexual abuse by all dioceses in the State. This draft audit questionnaire was further examined over a series of meetings by the Ferns Governance Group and was submitted to the Office of the Minister for Children and Youth Affairs (OMCYA) for confirmation that it satisfied the Minister’s original request. The feedback of the OMCYA was considered and incorporated into a final questionnaire which ________________________________________________________________________ 10 HSE Audit of Safeguarding Arrangements in the Catholic Church in Ireland