Details

The Commission of Investigation was established to examine child protection practices in the Diocese of Cloyne. It considered allegations of and responses to clerical abuse made after 1996, the year in which the Catholic Church in Ireland put in place detailed procedures for dealing with child sexual abuse.

It was established as an extension of the The Dublin Archdiocese Commission of Investigation by an amendment of the Terms of Reference, to include examination of the Diocese of Cloyne. This decision was made by the Government in January 2009. It examined cases of 19 Clerics. While the period of investigation for the handling of complaints was after 1996, the investigation includes allegations dating back to the 1930s.

The Process
The Commission conducted its investigation by means of oral evidence and in-depth analysis of the documentation supplied by Church and State authorities. It followed protocols developed for the Dublin Archdiocese investigation.

The Commission undertook preliminary investigations to identify all necessary sources of information and documentation and met with State and Church authorities. Under the Commissions of Investigation Act (2004), Orders of Discovery were then sought from personnel in the Cloyne Diocese, the Health Service Executive (HSE) operating in Cloyne, The Garda authorities in Cloyne, the Director of Public Prosecutions (DPP), the Department of Education and Science, and from the Catholic Church's National Board for Safeguarding Children, the Department of Health and Children and a number of individuals. Approximately 12,000 documents were provided by the Diocese of Cloyne.

An advertising campaign was launched to encourage complainants to come forward. The Discovery process and the advertising campaign resulted in information or complaints against 32 clerics, of whom 19 cases fell under its remit. A representative sample of complaints was fully investigated, through documentary analysis and formal hearings. Formal hearings initially focused on how complaints, allegations, suspicions and concerns of child sexual abuse were handled by authorities. The Commission heard evidence from experts on the management practices of priests identified as a potential risk to children. In total, 55 formal hearings took place.

Governing Legislation
Commissions of Investigation Act 2004

Private Sessions
Initially, the Commission heard oral evidence in relation to administrative structures of the Church, public and State authorities within its remit during the relevant period. The focus of these hearings was on how complaints, allegations, suspicions and concerns of child sexual abuse were handled generally by the various authorities throughout the relevant period and on identifying potential sources of evidence within each organisation. The Commission then heard oral evidence on how specific complaints were handled. Evidence was also heard from experts. 55 Formal hearings took place. In addition, a number of informal hearings were held.

Findings
The Commission found that while the Diocese of Cloyne accepted the "Framework Document" and promised to implement it, it did not do so. It refused to accept the "Framework Document" as an ecclesiastical policy, instead preferring to take a "pastoral approach". Until 2008, only one complaint of clerical abuse was reported to authorities by the Diocese.

Recommendations
8 recommendations were made. The key recommendation was the Diocese of Cloyne immediately adopt a safeguarding policy for children, that information on alleged abusers be shared with statutory authorities in a timely way, that an open and collaborative working relationship between the Diocese and authorities be developed, that preventative action be taken, potentially inlcuding the removal of alleged perpetrators form the priesthood, and that child protection training be provided to improve the ability to recognise risk and record practices appropriately.

Cost
The total cost of the Commission's work in relation to the Cloyne diocese to December 2010 was €1.9 million. This does not include third party legal costs.

Inquiry Panel

• Mangan, Ita
• O'Neill, Hugh