Sources in the Irish Catholic Church appeared to have been taken by surprise by the Pope's comments on the non-co-operation of Catholic lawyers and judges in divorce cases, at the Vatican on Monday. But it was emphasised that the principle of non-co-operation in itself, where Catholic professionals were concerned, was not new.
It applied where such professionals had to deal with medical procedures, for instance, which as Catholics they objected to in conscience. It also applied where co-operation with corrupt political regimes was concerned. What was new in Monday's comments was the apparent extension of this principle to the area of divorce.
Irish lawyers, meanwhile, dismissed the suggestion they should not deal with divorce. "The Irish people voted in a referendum to provide for a divorce jurisdiction," said Mr Ken Murphy, director general of the Law Society, which represents the solicitors' profession. "It would be wrong for the legal profession not to ensure that anyone who wants to avail of a legal service cannot do so".
But it was a matter for individual solicitors themselves who did not want to engage in such work, he said, though he did not know of any solicitor who had refused to do so." The Law Society does not involve itself in solicitors' beliefs, he said.
Mr Rory Brady SC, chairman of the Bar Council, which represents barristers, was equally adamant that the Pope's message would not reduce the number of available barristers to assist with divorces. "We have an obligation to act for those seeking to avail of the services of the Bar. We provide a service, and will continue to do so."
According to a Vatican Information Service translation from the original Italian, the Pope said on Monday that civil lawyers "must avoid being personally involved in what could imply a co-operation to divorce". For judges this could be difficult as the legal system does not recognise an objection of conscience as a reason to exempt them from imposing judgments, he said.
But "they too must find effective means to favour the marriage union, above all by an operation of reconciliation wisely led", he said. He concluded that "lawyers, as independent professionals must always decline to use their profession to an end contrary to justice, such as divorce. They should only collaborate to an action in this sense, when such action is, in the intention of the client, not aimed to the breaking of marriage, but to other legitimate purposes".
Irish Catholic Church sources indicated last night that this final sentence in the report of what the Pope said seemed to suggest that the issue was not black and white. But, it was pointed out, this could be due to the translation. Clarification is being sought on the matter.
It is expected the Pope's comments will be considered by the Irish bishops at their spring meeting on March 11th, 12th, and 13th.