Sunday, June 12, 2011

Legal issues delaying Cloyne report publication

A HIGH Court application may be required to resolve issues surrounding the delayed publication of the Cloyne report.

Justice Minister Alan Shatter last Wednesday said legal issues were continuing to delay the publication of the report into clerical child sex abuse in the Cloyne diocese, and that it may be necessary to go to the High Court to obtain a legal ruling before it can be published.

"There are still discussions which are taking some considerable time," he said.

"I think we are now in a place where, if matters are not agreed within the next week to 10 days, that perhaps a court application may be necessary.

"I was hopeful matters would have been agreed and that the report would have been published by now. I can’t give a specific date. If matters are agreed obviously the report will go straight to cabinet and be published as soon as possible thereafter."

The legal concerns are believed to relate to the redaction of certain sections of the findings that relate to an individual who is before the courts.

Mr Shatter said he had hoped the matter would be resolved weeks ago but that this had not been possible.

"The issue is that there is a particular chapter that is relevant to issues which are still a matter of criminal investigation and consideration and care has to be taken with regard to its content.

"The court directed that there be agreed redactions of that chapter.

"There has been a difficulty in finalising that. I was hopeful a couple of weeks ago that matter would be resolved. Yesterday, it wasn’t finally resolved and I had discussion within my department on the basis of making a further court application if that proves to be necessary."

Responding to Mr Shatter’s remarks, Sinn Féin spokesman on children Caoimhghín Ó Caoláin said the publication of the report must take place without further delay.

"I welcome the minister’s recognition that the publication of the Cloyne Report should not be delayed, and his indication that he will seek a High Court application to resolve the outstanding issues that are delaying its publication if they are not addressed this week," he said.

"Justice Minister Alan Shatter and Children’s Minister Frances Fitzgerald should ensure that the publication occurs in a manner sensitive to the needs and wishes of victims.

"It is equally important that criminal proceedings are thorough in order to ensure justice and truth for all victims."