The government’s legal advisers backed the stance
taken by the Vatican when senior officials in Rome refused to cooperate
directly with the Murphy Commission into clerical child abuse.
Documents obtained show that the most senior legal adviser to foreign affairs minister Micheál Martin said that the Dublin Archdiocese abuse inquiry should have communicated with the Holy See through diplomatic channels, not directly.
In a confidential letter to senior officials at the Department of Foreign Affairs, the head of the legal division, James Kingston, said that the Murphy Commission did not have authority under international law to ask Rome to furnish secret documents on clerical abusers.
The Murphy Report, published last year, noted the failure of the Papal Nuncio, who is the Holy See’s representative in Ireland, and the Vatican based Congregation for the Doctrine of the Faith to respond to two inquiries from the commission.
This prompted a wave of criticism of the Church here and in Rome.
A long-awaited chapter of the report which dealt with paedophile priest Tony Walsh was cleared for publication by the High Court last week after it was delayed due to other legal proceedings.
The Murphy Commission is currently finalising a further report into allegations of abuse at the diocese of Cloyne in Cork, which it will present to the government in a fortnight.
The commission declined to comment on whether it had taken the same approach when dealing with the Vatican as part of the Cork inquiry.
At the time that it published its report into abuse in Dublin, the commission, chaired by Judge Yvonne Murphy, said that it did not consider it appropriate to use diplomatic channels when it contacted the Vatican seeking details relating to cases of clerical child sex abuse here.
However, Kingston said that the ‘‘independence of the commission under Irish law did not appear to be of relevance as a matter of international law, according to which dealings between states should be conducted via the diplomatic channel’’.
In the letter dated December 1, 200 9, and released to this newspaper under the Freedom of Information Act, Kingston said that ‘‘the fact that the commission is independent under Irish law should not necessarily be a barrier to communications through the diplomatic channel’’.
Kingston’s letter was copied To Noel Fahey, the Irish ambassador to the Holy See, and to David Cooney, secretary general of the DFA.
The letter was just written days before Martin held a meeting with Nuncio Giuseppe Leanza to discuss criticisms of the Holy See in Murphy’s report.
Kingston went on to say that correspondence outside of formal diplomatic channels between the commission and Vatican was possible only by mutual consent.
However, he added that ‘‘contact via government agencies is still envisaged’’ in such a circumstance.
SIC: SBP/IE
Documents obtained show that the most senior legal adviser to foreign affairs minister Micheál Martin said that the Dublin Archdiocese abuse inquiry should have communicated with the Holy See through diplomatic channels, not directly.
In a confidential letter to senior officials at the Department of Foreign Affairs, the head of the legal division, James Kingston, said that the Murphy Commission did not have authority under international law to ask Rome to furnish secret documents on clerical abusers.
The Murphy Report, published last year, noted the failure of the Papal Nuncio, who is the Holy See’s representative in Ireland, and the Vatican based Congregation for the Doctrine of the Faith to respond to two inquiries from the commission.
This prompted a wave of criticism of the Church here and in Rome.
A long-awaited chapter of the report which dealt with paedophile priest Tony Walsh was cleared for publication by the High Court last week after it was delayed due to other legal proceedings.
The Murphy Commission is currently finalising a further report into allegations of abuse at the diocese of Cloyne in Cork, which it will present to the government in a fortnight.
The commission declined to comment on whether it had taken the same approach when dealing with the Vatican as part of the Cork inquiry.
At the time that it published its report into abuse in Dublin, the commission, chaired by Judge Yvonne Murphy, said that it did not consider it appropriate to use diplomatic channels when it contacted the Vatican seeking details relating to cases of clerical child sex abuse here.
However, Kingston said that the ‘‘independence of the commission under Irish law did not appear to be of relevance as a matter of international law, according to which dealings between states should be conducted via the diplomatic channel’’.
In the letter dated December 1, 200 9, and released to this newspaper under the Freedom of Information Act, Kingston said that ‘‘the fact that the commission is independent under Irish law should not necessarily be a barrier to communications through the diplomatic channel’’.
Kingston’s letter was copied To Noel Fahey, the Irish ambassador to the Holy See, and to David Cooney, secretary general of the DFA.
The letter was just written days before Martin held a meeting with Nuncio Giuseppe Leanza to discuss criticisms of the Holy See in Murphy’s report.
Kingston went on to say that correspondence outside of formal diplomatic channels between the commission and Vatican was possible only by mutual consent.
However, he added that ‘‘contact via government agencies is still envisaged’’ in such a circumstance.
SIC: SBP/IE