According to the Commission of Investigation report, “mental reservation is a concept developed and much discussed over the centuries, which permits a church man knowingly to convey a misleading impression to another person without being guilty of lying”.
It gives an example. “John calls to the parish priest to make a complaint about the behaviour of one of his curates. The parish priest sees him coming but does not want to see him because he considers John to be a troublemaker. He sends another of his curates to answer the door. John asks the curate if the parish priest is in. The curate replies that he is not.”
The commission added: “This is clearly untrue but in the Church’s view it is not a lie because, when the curate told John that the parish priest was not in, he mentally reserved the words '…to you’.”
Marie Collins, who was abused by a Dublin priest, “was particularly angered by the use by the Church authorities of ‘mental reservation’ in dealing with complaints,” the report said.
It continued that Cardinal Desmond Connell had explained the concept to the commission as follows:
“Well, the general teaching about mental reservation is that you are not permitted to tell a lie. On the other hand, you may be put in a position where you have to answer, and there may be circumstances in which you can use an ambiguous expression realizing that the person who you are talking to will accept an untrue version of whatever it may be – permitting that to happen, not willing that it happened, that would be lying. It really is a matter of trying to deal with extraordinarily difficult matters that may arise in social relations where people may ask questions that you simply cannot answer. Everybody knows that this kind of thing is liable to happen. So mental reservation is, in a sense, a way of answering without lying.”
Example of how they experienced the use of such ‘mental reservaton’ by Church authorities in Dublin were supplied to the commission by Mrs Collins and fellow abuse victim Andrew Madden.
In Mrs Collins’s case, the Dublin archdiocese said in a 1997 press statement that it had co-operated with gardai where her complaint of abuse was concerned. She was upset by it as she had reason to believe otherwise. Her support priest Fr James Norman made inquiries and later told gardaí he that when he did so, the archdiocese replied “we never said we co-operated fully” - placing emphasis on the word ‘fully’ - with the gardaí.
In Mr Madden’s case, Cardinal Connell emphasised he did not lie to the media about the use of diocesan funds for the compensation of clerical child sexual abuse victims.
He explained to Mr Madden he had told journalists “that diocesan funds ARE (report’s emphasis) not used for such a purpose; that he had not said that diocesan funds WERE not used for such a purpose. By using the present tense he had not excluded the possibility that diocesan funds had been used for such purpose in the past. According to Mr Madden, Cardinal Connell considered that there was an enormous difference between the two.”
In May 1995, Cardinal Connell denied that diocesan funds were used in paying compensation to abuse victims.
When it emerged on RTÉ in September that year that Ivan Payne was loaned €30,000 by the archdiocese to pay compensation to Mr Madden, Cardinal Connell still insisted this was not compensation by the archdiocese.
He threatened to sue RTÉ, but did not do so.
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