Change in law to follow Ferns report on 40 years of abuse

The Government is to introduce new legislation to give children greater protection after an official report detailed a wave of…

The Government is to introduce new legislation to give children greater protection after an official report detailed a wave of sex abuse cases in the Catholic diocese of Ferns. Liam Reid and Patsy McGarry report

The report of the inquiry into clerical sex abuse in Ferns over nearly 40 years, which was published yesterday, strongly criticised the Catholic Church's handling of the cases, particularly by the former bishops of Ferns, Donal Herlihy and Brendan Comiskey.

The Archbishop of Armagh and Primate of All-Ireland, Dr Seán Brady, last night apologised to all who had suffered lasting hurt at the hands of abusers in the church. "The betrayal of trust is horrendous," he said.

The Archbishop of Dublin, Dr Diarmuid Martin, said sexual abuse by priests had devastated the lives of those abused and their families.

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Criticising the Ferns bishops, the report said: "Bishop Herlihy's failure to take even basic precautions to protect children from men known to have abused in the past must be seen as inadequate and inappropriate.

"Clearly Bishop Herlihy regarded priests who abused children as guilty of moral misconduct. He does not appear to have recognised that the wrongdoing was a serious criminal offence."

Dr Herlihy was bishop of Ferns from 1964 until his death in 1983. He was succeeded by Dr Comiskey, who served until his resignation in 2002.

In relation to Dr Comiskey, the report said his investigations into allegations of abuse in his diocese were "an inappropriate and inadequate response". It said he "failed to recognise the paramount need to protect children, as a matter or urgency, from potential abusers".

However, the report stated that Bishop Eamonn Walsh, the apostolic administrator of Ferns since 2002, "has taken steps to overcome most, if not all, of the factors militating against an appropriate response to allegations or suspicions of abuse".

The inquiry said it had been assured by Bishop Walsh that no priest against whom an allegation of child sexual abuse had been made was now in active ministry in the diocese.

The three-person inquiry team held a two-day consultation with an expert group of therapists experienced in dealing with clerical sex abusers. The report said the expert group "was unanimous in its view that the vow of celibacy contributed to the problem of child sexual abuse within the church".

The report, which was ordered by the Minister for Health in 2003 following widespread publicity in relation to allegations of clerical abuse in the diocese, has been forwarded to the Director of Public Prosecutions by the Minister of State for Children, Brian Lenihan.

Bishop Comiskey may face the possibility of a criminal investigation over providing "erroneous information" to gardaí in one investigation.

The Government indicated last night that it was intending to make it a criminal offence for someone to fail to protect children against child abuse risks.

The report details, often in explicit terms, the allegations made by more than 100 individuals against 21 priests. Allegations against another five priests only came to light in recent months - too late for the inquiry to examine fully.

Dr Comiskey last night again apologised for his handling of allegations. In a statement, he acknowledged his failings but said they had not been deliberate. The bishop, who is believed to be in Dublin, said he would be making no further comment on the report.

Taoiseach Bertie Ahern said last night he was "appalled and overwhelmed at the nature and extent of the abuse" and promised that the Government would move quickly to implement the recommendations of the report.

Minister for Justice Michael McDowell said he would introduce amendments to the current Criminal Justice Bill to reflect one of the key recommendations in the report, advising that a law on "reckless endangerment" should be considered. The law, which is in place in the state of Massachusetts in the US, would make it a criminal offence for professionals to fail to take action to protect children if they become aware of a potential risk from sexual or physical abuse.

The report has been welcomed by victim representative groups. Colm O'Gorman of One in Four said he was he was "delighted" that the Government would be introducing a "reckless endangerment" law.

The inquiry, which was headed by retired Supreme Court judge Frank Murphy, was established by the then minister for health Micheal Martin in 2003 to investigate the handling by Church and State authorities of sex abuse allegations against priests of the Diocese of Ferns.