THE independent senator Nick Xenophon has the secrecy of
the Catholic confessional in his sights, calling for mandatory reporting
on child abuse to include that disclosed to priests.
Senator Xenophon wants federal and state governments to follow the
Irish Prime Minister, Enda Kenny, who has announced the introduction
of legislation that would require priests to report abuse revealed
during the confidential sacrament of penance, or face up to five years'
jail.
Mr Kenny has condemned the ''dysfunction, disconnection and
elitism'' of the Vatican in response to a judicial commission report
that found allegations of abuse in Ireland involving 19 priests in one
diocese were mishandled or withheld from police as late as 2008.
Senator Xenophon, who first called for the legislative change in 2003
while in the South Australian Parliament, said the laws of the land
should always trump religious practices.
''No church should be complicit in the cover-up of child abuse just so
some paedophile can try and clear their conscience,'' he said.
The retired Sydney bishop Geoffrey Robinson, who helped write the
Catholic Church's sex abuse policy in Australia, said it was unlikely
targeting the confessional would achieve anything.
''The simple fact is any priest who is guilty of paedophilia has so
convinced himself that what he's doing is right that he's not going to
confess it,'' he said.
The chairman of the National Council of Priests, Father Ian McGinnity,
said he agreed with the Irish Association of Catholic Priests, which has
said people would not use the sacrament if confidentiality is
compromised.
The confidentiality of confession was tested in Australia in 1989 when
Father Mark McGuigan refused to divulge in court what he was told during
a confession of a woman later convicted of manslaughter.
The general secretary of the Australian Catholic Bishops Conference,
Father Brian Lucas, said the NSW Evidence Act was subsequently
strengthened to protect the confidentiality of the confessional, which
has been supported by studies by Australian law reform commissions.
A spokesman for the Attorney-General, Robert McClelland, said mandatory
reporting of child abuse was a matter for the states and territories.