The independent commission to inquire into how the Catholic Church dealt with complaints of child sex abuse could run into difficulty in getting full disclosure of the facts, the Primate of Ireland, Archbishop Seán Brady, conceded today.
Announcing Judge Gillian Hussey as the Chair of the new commission, Dr Brady said the Church would fully co-operate with the investigation but said issues of confidentiality between the priests and bishops could hinder the investigation.
He said priests would have the right appeal to the Holy See if they did not wish to reveal information. He also conceded that documentation relating to complaints may have been destroyed, which he said was in accordance with Canon Law.
The Catholic Church Commission on Child Sex Abuse will be fully independent and the appointment of its six other members will be a matter exclusively for Ms Justice Hussey, Dr Brady said.
"The Commission will specify the method by which it will conduct its investigations," he said.
The terms of reference for the inquiry were announced today and the Commission is due to formally begin its work on September 2nd. It has been formed under the auspices of the Irish Bishops' Conference, the Conference of Religious of Ireland (CORI), and the Irish Missionary Union (IMU).
According to the terms of reference: "The purpose of the Commission is to establish the truth about the extent of child sexual abuse within the Catholic Church in Ireland and the response of Church authorities to complaints of such abuse."
At today's press conference, representatives of the three religious organisations apologised for abuse and, in the words of Dr Brady, the Commission was an attempt "to remove the uncertainty of the laity in the Catholic Church."
Sr Elizabeth Maxwell of CORI said the Commission was "one further step on the road to reconciliation and healing."
Archbishop Brady added: "I don't know what's in various archives but I am confident that whatever is there will be made available to the Commission ... There is such determination that the truth must be discovered."
Under the Commissions' terms of reference the bishop of every diocese and superior of every religious congregation will be asked to account for every complaint of sexual abuse and the action taken.
The Commission has been tasked to make an interim report by February 3rd 2003 with a final report, with recommendations, by 29th February 2004. It also has has the power to change to its terms of reference.
Fr Joe Cantwell of the IMU also confirmed that allegations made against religious orders abroad will come under the remit of the inquiry.