Bishops seek Canon Law derogation to take action against clerical abusers

THE Catholic hierarchy has applied to the Vatican for a derogation from Canon Law to take stronger action, including dismissal…

THE Catholic hierarchy has applied to the Vatican for a derogation from Canon Law to take stronger action, including dismissal, against priests who have sexually abused children in the past.

"If granted, this derogation will make it easier for Irish bishops to initiate internal church legal proceedings leading to a range of penalties against such priests, not excluding dismissal from the clerical state", in the words of Catholic Press Office director Mr Jim Cantwell.

The derogation would allow offences against young people under 18 - instead of 16, as stipulated by Canon Law - to be considered, and would extend the time limit for taking a Canon "Law case through the Church's courts against an offending priest.

In the case of an alleged offence committed after the derogation is granted, this limit would be extended from five years after the offence allegedly takes place until the victim has reached the age of 28. In the case of offences alleged before the derogation, the time limit would be extended until the victim is 23.

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The decision to seek a derogation - a rare occurrence in the Irish Church - followed the Vatican's decision to grant the same derogation to the American hierarchy following the rash of clerical child sex abuse cases in the United States, and came out of discussions at the hierarchy's spring meeting last March.

The meeting followed the publication in January of guidelines for dealing with clerical child sex abuse, drawn up by a special committee established by the bishops and chaired by Bishop Laurence Forristal.

The letter requesting the derogation was sent by Cardinal Cahal Daly, on behalf of the hierarchy, at the end of May.

Mr Cantwell stressed yesterday that in its report, Framework for a Church Response, the bishops committee had laid down a number of guidelines to safeguard against offending priests continuing to abuse children.

These included retirement under carefully monitored conditions; the voluntary laicisation of an offender; and reassignment of an offender in exceptional cases to a very strictly supervised limited ministry where he would not come into contact with children.