CARDINAL Desmond Connell has initiated an unprecedented challenge to the Government's Commission of Investigation into clerical child sexual abuse in the Dublin diocese. In a dramatic move yesterday the 81-year-old cardinal secured an interim injunction from the High Court restraining the commission from examining files made available to it last month by his successor, Archbishop Diarmuid Martin.
The cardinal's plea for non-disclosure of sensitive diocesan files about paedophile clerics, if successful, could frustrate the more open policy of full cooperation with the commission pursued by Archbishop Martin.
Outrage
The commission, whose work extends until September, was set up following the public outrage to an RTE 'Prime Time' programme which highlighted the cases of eight notorious Dublin priests charged with sexually abusing children.
Until now, little information has emerged about the commission's proceedings, although it was known that Cardinal Connell had made at least one appearance in camera last year.
It now transpires that he has met the commission four times.
In effect, Cardinal Connell has thrown down the ecclesiastical gauntlet against the opinion of the former Minister for Justice Michael McDowell that Roman canon law -- the Catholic Church's elaborate legal code for running its internal affairs -- had no more status in Irish law than the rules pertaining to a golf club.
Archbishop Martin only learned on the previous evening, from the cardinal's Cork-based legal team, of the action being taken next day in the High Court.
Clearly, the cardinal's unexpected challenge has cut across Dr Martin's policy -- and that of the Government -- of getting to the roots of the clerical paedophile crisis by handing over the secret documents from the diocesan archive to the Commission led by Circuit Court judge, Yvonne Murphy.
The total cost of settlement claims paid by the Dublin archdiocese to-date to victims of clerical child sexual abuse has risen to €7.8m.
This consisted of €5.6m in settlements and €2.2 m in legal costs for both sides.
Suspicions
Archbishop Martin has identified 147 priests and members of religious orders against whom allegations were made or suspicions raised of child sex abuse since 1940.
This is an increase of 45 on the 102 priests and religious initially identified in 2006 by Archbishop Martin after a search of the diocesan archive which he made available to the Government Commission of Inquiry into the country's largest diocese.
Last night Archbishop Martin, a former Vatican diplomat, stuck to his practice of not commenting on the commission's work.
But he reiterated his belief that "the overarching aim of all must be that of attaining a more accurate understanding of the truth concerning sexual abuse of children by clergy".
Cardinal Connell, who has said the paedophile scandals "devastated" his period as archbishop, from 1988 to his retirement in 2004, took issue with Mr McDowell's view that in certain areas canon law was subordinate to Irish law.
These competing views will be tested in the adjudication of Cardinal Connell's application.
It is a case which will have enormous implications for Church-State relations, as well as for Archbishop Martin's open policy.
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