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'The sanctity of the confession box is still an issue when it comes to keeping children safe'

Survivors of Ryan, Ferns, Murphy and Cloyne are angry, writes Tanya Ward.

YEARS AFTER THE Ryan, Ferns, Murphy and Cloyne Reports, the sanctity of the confession box is still an issue when it comes to keeping children safe.

Ryan, Ferns, Murphy and Clonye documented how children were forced into industrial schools, starved and abused.  When they tried to complain no one listened. Sexual abuse against children wasn’t seen as a crime. It was considered a ‘moral failing’ on the part of the perpetrator.

Offences against children were hidden from the authorities. Perpetrators were knowingly relocated to other parts of the country, in fact, even other parts of the world, where they continued their campaign of abuse against children.

Promises were made

Organisations throughout Ireland, including the Catholic Church, for years grappled with the fallout and shame from these reports. Promises were made. Never again would we let children down. Never again would institutions put their own interests before a child. Never again would any excuses be made.

The government introduced new laws in response. The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 made it a criminal offence for a person not to report any information relating to a sexual offence committed against a child.

The Children First Act 2015 placed a statutory duty on mandated persons to report suspicions, knowledge or a risk of a child being abused to the Child and Family Agency (Tusla).

There is no doubt that this legislation imposes new demands on organisations and people in contact with children. However if history has taught us anything it is that these duties are absolutely necessary and must be taken seriously. The child’s right to be protected from all forms of abuse and neglect is paramount. Or is it?

The confession box

The Catholic Church has invested considerable resources to improve its own child protection practices over the years and that’s very welcome. However, the national media recently spotlighted that the Catholic Bishops’ policy and standards for safeguarding children advises priests to ignore Children First in the confession box and that is concerning.

It clearly exposes priests to criminal prosecution down the line as the sanctity of the confession box is not a defence any judge is likely to accept. But somehow Canon law is superior? Somehow Children First doesn’t apply in the confession box?

Some might even argue that the right to practice one’s religion trumps the rights of the child. That’s simply not the case. The right to practice your religion is not absolute. The right of a child to be protected must always be paramount. There can be no exceptions for anyone.

What can be done?

This week I’ve had people contacting me asking me what can be done. Apart from directly appealing to the Catholic Church to explain their position, there is nothing that the Minister for Children and Youth Affairs, Katherine Zappone TD can do.

Tusla can ask an organisation to submit its Safeguarding Statement to the Agency, and it fails to do so, Tusla can include the organisation on its non-compliance register. But what happens if advice or guidance is in contravention of Children First? How does Tusla address this?

When the Children First Bill was going through the Oireachtas, the Children’s Rights Alliance, the ISPCC, Barnardos and many others, called for Tusla to be given powers to sanction organisations that failed to comply with Children First. However, we were told it wasn’t needed.

We were told that the government could withdraw funding from an organisation for violating the Children First Act. But what happens if it’s a private organisation with no reliance on government? What happens if that organisation actively advises its members to ignore rules that protect children? What then?

I understand the difficulties that the Church is facing in implementing this law. I really do. In fact, many providers are struggling in different ways to implement Children First. But we cannot stand back as a country and ignore the law. We have a moral duty to protect children.

Survivors are angry

I’m calling on government to urgently address this situation by amending the Children First Act 2015 to give Tusla more powers including the capacity to impose civil penalties for non-compliance by organisations and bodies.

Working out the details for this may be difficult but there are plenty of examples to draw from. Look at the Health and Safety Authority and the powers that it has. Surely we can come up with some solution.

Survivors of Ryan, Ferns, Murphy and Cloyne are angry. They have bravely worked hard to expose what happened to them and to make other children safe. We all have to play our part.

Tanya Ward is Chief Executive of the Children’s Rights Alliance.

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    Mute Keith Dunne
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    Jun 8th 2019, 9:52 PM

    Straight outta Carlow.

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    Mute G
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    Jun 8th 2019, 9:04 PM

    Gwan the boyz yup yup

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    Mute TamuMassif2019
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    Jun 8th 2019, 11:00 PM

    Embarrassing…

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    Mute Daragh Ó Murchú
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    Jun 9th 2019, 12:19 AM

    @TamuMassif2019: cad go díreach a bhfuil náireach fúthu ?

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    Mute TamuMassif2019
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    Jun 9th 2019, 12:57 PM

    @Daragh Ó Murchú: I never put much effort into Irish at school…

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    Mute TamuMassif2019
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    Jun 9th 2019, 1:00 PM

    @Daragh Ó Murchú: Them denying their own culture and trying to act if they belong to another culture and to another race, why making eejits of themselves.

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    Mute Mike Spillane
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    Jun 9th 2019, 2:49 PM

    @TamuMassif2019: you haven’t got a clue. I’d say Irish wasn’t the only part of your education you neglected.

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    Mute David Hickey
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    Jun 9th 2019, 5:12 PM

    @TamuMassif2019: Would you say the same of a rock band? Rock music is from the south of the US originally. Should we stop that, and only play trad so?

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    Mute Disco Pants
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    Jun 8th 2019, 9:12 PM

    Lowest common denominator trash for the most brainless in society.

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    Mute .
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    Jun 8th 2019, 9:18 PM

    @Disco Pants: ooooooh look at me I use big words to seem smarter than anyone else

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    Mute Patsy Mongan
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    Jun 8th 2019, 9:18 PM

    @Disco Pants: moron

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    Mute Conor Daly
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    Jun 8th 2019, 9:20 PM

    @Disco Pants: idiot

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    Mute Disco Pants
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    Jun 8th 2019, 9:22 PM

    @Conor Daly: who bees you dog? Gnome sayin

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    Mute Leitrim303
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    Jun 8th 2019, 9:22 PM

    @Disco Pants: i bet you would be great crack on a night out

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    Mute j4VEpUO8
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    Jun 8th 2019, 9:25 PM

    @Disco Pants: put down what you don’t understand is smart thinking

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    Mute j4VEpUO8
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    Jun 8th 2019, 9:26 PM

    @T Jay O’Mea: putting

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    Mute Blockboy Bertie
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    Jun 8th 2019, 9:40 PM

    @Disco Pants: bellend

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    Mute Marty
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    Jun 8th 2019, 10:03 PM

    @Disco Pants: Hey mate you havnt got a clue what’s up

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    Mute John Paul
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    Jun 8th 2019, 10:07 PM

    @Disco Pants: brainless? Most of these lads are above average intelligence. They have to be to write songs and have the intelligence and confidence to come up with lyrics on the spot

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    Mute Barry Dempsey
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    Jun 9th 2019, 7:55 AM

    @Disco Pants: thanks for your insight. Lowest common denominator trolling

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    Mute Cheeky Bums
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    Jun 8th 2019, 9:50 PM

    Anyone else remember Scary Éire?

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    Mute G
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    Jun 8th 2019, 10:09 PM

    @Cheeky Bums: Yeah, last I heard he got whacked in Compton, drive by shooting. Rip Scary

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    Mute Linda Kirby
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    Jun 8th 2019, 11:51 PM

    @Cheeky Bums: They played the sugar club on Paddy’s weekend, wasn’t there but it was a great gig so I’ve been told.

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    Mute Rob Cahill
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    Jun 10th 2019, 10:35 AM

    @Cheeky Bums: Yeah, Saw them live back in the day.. great band.

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    Mute Tommy D
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    Jun 8th 2019, 9:21 PM

    Mago x mathman have some really good stuff that deserves more air play

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    Mute popeye Doyle
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    Jun 8th 2019, 10:40 PM

    Load of me b. O. X s

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    Mute Keith Dunne
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    Jun 8th 2019, 10:14 PM

    I said a hip hop …… stall it down the shop ….

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    Mute Sirius
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    Jun 9th 2019, 7:39 AM

    “entrenched racism”? How about a fact check on that claim.

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    Mute Linda Kirby
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    Jun 8th 2019, 11:54 PM

    It’s quite astonishing that an article about Irish rap has no mention of Scary Eire

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    Mute TheFreeSpeechParty
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    Jun 8th 2019, 10:46 PM

    Just need to avoid the trap that happens with any Dublin scene where a group of artists get good, then disappear up their own posteriors

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    Mute Iarla Ó
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    Jun 8th 2019, 10:28 PM

    Kneecap’s album gets played a lot in our car. Check them out on YouTube/Spotify if you haven’t already.

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    Mute J
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    Jun 8th 2019, 10:39 PM

    The comments here are hilarious

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    Mute thephantomshit
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    Jun 8th 2019, 11:43 PM

    Is seems like most Irish hip hop that makes social media graduated out of gonzaga college

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    Mute Keith Dunne
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    Jun 8th 2019, 9:53 PM

    Straight outta Carlow

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    Mute Sega Yolo
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    Jun 8th 2019, 10:05 PM

    @Keith Dunne: or Straight outta Carlaa

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    Mute De20
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    Jun 8th 2019, 10:22 PM

    I really don’t the Kneecap boys would call themselves northern Irish and what’s with the ‘his real name is an Irish name’ comment? What’s that supposed to mean? Belfast is cheap compared to Dublin but you would be hard pushed to get a room in a shared house for less than £250 a month. For a flat, you’ll be talking £500 a month unless it’s in the absolute worst areas

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    Mute De Zach Same
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    Jun 9th 2019, 4:30 AM

    @De20: We are taking Irish hip hop and somehow you manage to make it about property prices….shame on you.

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    Mute Al coholic
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    Jun 9th 2019, 1:43 AM

    Fair play lads all the best no mention of Rob Kelly from Wexford who really blazed a trail for the hip hop community

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    Mute Bass demon
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    Jun 9th 2019, 2:42 PM

    Rap/ hip hop just never sounds good done by Europeans it just comes across as lame and fake .

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    Mute Michael Maher
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    Jun 9th 2019, 8:27 PM

    diddi diddle dillidy dillidy dillidy dee

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    Mute Marty
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    Jun 8th 2019, 10:05 PM

    These boys are very talented not mainstream which is great….we are sick of PC bullshit we’re know
    what’s going down

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    Jun 8th 2019, 11:03 PM
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    Jun 8th 2019, 10:32 PM

    5th element on youtube. Class lads!

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    Mute Donwon999
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    Jun 9th 2019, 9:49 AM

    Calling all da scraggy b I tches from accross the land. Jump up on me 1997 Civic and we’ll show those nerds.

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