CARDINAL CONNELL WAS PREPARED TO GO TO JAIL

A) 'THE IRISH CATHOLIC': CARDINAL CONNELL WAS PREPARED TO GO TO JAIL
by Garry O'Sullivan, Editor, 'The Irish Catholic', 7 February 2008

Cardinal Desmond Connell signalled he was prepared to go to jail, rather than allow privileged diocesan files to be revealed, this paper can reveal.

Cardinal Connell made the comment to friends in Rome when the Irish Bishops went to visit the Pope in late 2006. The Cardinal said he was would risk prosecution and was prepared, and was prepared if necessary to go to jail rather than breach the confidentiality of the files.

Sources close to the Cardinal revealed this week that he is trying to protect the confidentiality of agreements he entered into with victims, and some priests, and that he has made no secret of this since he left office in 2004.

It is believed that several abuse victims approached Cardinal Connell when he was Archbishop of Dublin and confided in him on the condition of strict confidentiality. These victims had continued with their lives and didn't want to be part of any Garda or health service inquiries, but wanted the Archbishop to know what had happened to them.

The Cardinal is also concerned about priests who were accused of abuse, but whose cases have been left in a legal limbo, or who have been accused but not convicted.

It is believed that the Cardinal feels a direct and personal responsibility to those to whom he gave assurances of strictest confidentiality.

The Cardinal has been widely criticised for trying to protect privileged documents, but it emerged this week that he had been in discussion for some months with the Archdiocese, and the Dublin Archdiocese Commission of Investigation, to decide which documents were privileged and which not.

During the Ferns Inquiry in 2003, documents relating to legal advice involving insurance were provided by Bishop Eamon Walsh on a privileged and strictly confidential basis. According to a report in Tuesday's Irish Times, it also appears that Archbishop Martin indicated to the Commission that legal advice relating to insurance would not be waived.

What has become clear is that Cardinal Connell's decision to go to the High Court was as a result of feeling unfairly treated in this process.

When the Cardinal complained to the Commission that he was not being informed, as a relevant third party, of discussions between the Commission and Archbishop Martin, which involved the possibility of handing over all the files, the Commission said it had told the Archdiocese that relevant third parties could be informed.

However, when asked when exactly the Archdiocese had informed Cardinal Connell of his right to make submissions, the diocesan communications office would only say: "The Archbishop informed Cardinal Connell personally of his intentions and of the underlying motivation of his position regarding legally privileged documents."

Was Cardinal informed that all the files were being handed over, and that he had the right to make submissions? If he wasn't informed, why not?

(B) DR MARTIN'S LEADERSHIP
editorial in 'The Irish Catholic', 7 February 2008

For the last week, Cardinal Connell has been painted as the bad old face of the Church versus the new 'can do' persona of Archbishop Diarmuid Martin. Cardinal Connell has remained silent, Archbishop Martin has not. In fact he went so far as implying that Cardinal Connell was interfering with his ministry and that the Cardinal is not well. The Cardinal is quite well, having suffered a slight fracture after a fall on some steps in Rome. And he is not interfering but standing behind what he sees as what is right, legal and just.

Cardinal Connell was never good at communication and he has done himself no favours by remaining silent on this issue. However, that is the form of the man. What friend and foe of the Cardinal can agree on is that he is a man of principle who takes his responsibilities very seriously. If he gave his word that confidentiality would be respected then he will stand by that, even if it means public opprobrium and groundless allegations being made against him.

What has now emerged is that both Archbishop Martin and Bishop Eamonn Walsh, at the time of the Ferns Inquiry, also sought to retain privilege over certain documents. The Cardinal is not a maverick taking High Court action as was being put about earlier this week. in fact, Cardinal Connell has been in communication with with the Commission and the Archdiocese to find a way of moving on the investigation while respecting privilege. So where did it all go wrong? It appears that a breakdown in communication happened between the Archdiocese and Cardinal Connell. The Commission says it told the Archdiocese that it could inform third parties but Cardinal Connell says he was not informed.

So did Archbishop Martin tell Cardinal Connell between December 19 and late January, that all the files were being handed over to the Commission? The Diocesan Communications office cannot clearly say when the Cardinal was informed. Surely there is a letter, an email, the recollection of a phone call?

Last week we were reporting that trust in the Church had risen. There was a palpable hope that the mess of the child abuse scandals was being handled professionally and competently by those in charge. How could these legal discussions about privilege end up in the High Court amid a blaze of negative publicity? This came hard on the heels of the Christian Brothers publicly criticising the Archbishop for issuing the Fr Wall report on Artane to abuse victims without telling them. In 2006, Dr Martin found himself defending the actions of Church authorities after the then Northern Ireland Police Ombudsman, Nuala O'Loan, criticised Church authorities for not allowing suspended priests to resume their duties when no evidence had been found against them. Bishop Casey is a case in point.

What the laity want is for the child abuse commission to complete its investigations and write its report so that victims can have answers and move on with their lives. This cannot happen without delicate leadership that will ensure justice for all. At present we're not getting that kind of leadership.