Gardaí spoke to the Bishop of Cloyne Dr John Magee, who resigned yesterday, in recent weeks about a complaint that he had withheld information from officers investigating allegations of child sex abuse.
Gardaí launched the investigation last year after a retired schoolteacher from north Cork made a formal complaint that he believed Bishop Magee had endangered children by failing to disclose certain information regarding a particular priest in the diocese.
The man made the complaint in January 2009 after examining a National Board for Safeguarding Children in the Catholic Church in Ireland (NBSC) report which examined Cloyne's handling of complaints of alleged sexual abuse by two priests, Fr A and Fr B. It was compiled by Ian Elliott, the chief executive of the NBSC which is the Catholic Church's own watchdog on child protection.
The report, published by the diocese in December 2008, looked at the case of Fr A, who was investigated after another priest reported in December 2004 that he had been abused as a boy by a priest in the diocese, and in May 2005 he named the priest as Fr A.
The allegation was investigated by the officials in the diocese and Bishop Magee, who met Fr A in September 2005 on foot of these allegations, and following this meeting Fr A decided to resign from his duties as a parish priest.
In November 2005, Cloyne child protection delegate Msgr Denis O'Callaghan wrote to gardaí in Mallow informing them that a complaint had been made against a priest of the diocese by another priest. He did not name Fr A though he did name the complainant. The matter was investigated by gardaí in Mallow. A file was sent to the DPP, who decided against a prosecution in the case and Fr A, now in his 70s, has remained removed from his ministry.
In his report Mr Elliott said when he first met Bishop Magee about the matter in February 2008, he received incomplete files on Fr A's case and found records saying some material had been sent to the secret diocesan archive, though he received the full file two months later.
However, the retired teacher has alleged that Bishop Magee withheld information in two ways. Firstly, from gardaí in November 2005 when Msgr O'Callaghan failed to name Fr A – a practice Mr Elliott pointed out in his report was normal in the diocese at the time. Secondly, the retired teacher has alleged that Bishop Magee also withheld information relating to Fr A when the diocese handed over incomplete files on the case to gardaí in late 2005, as also happened initially with Mr Elliott in February 2008.
The Irish Times understands gardaí have spoken to Bishop Magee about the complaint in recent weeks. They have also spoken to Mr Elliott and examined documents given to him, interviewed Fr A and prepared a report on the matter.
It is understood the complaint was made under the Criminal Justice Act 2006, which has a provision on the reckless endangerment of children. But because the allegation of withholding information from the Garda relates to 2005 and the law is not retrospective, gardaí have asked the DPP to advise.
It is believed new information came to light when gardaí examined documents received by Mr Elliott from the diocese. Detectives have since re-interviewed Fr A.
A diocese spokesman said late last night that Archbishop Dermot Clifford confirmed that it operates its child protection system in full conformity with church and State guidelines, including actively engaging with the Garda and the HSE to ensure full co-operation and sharing of information.