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Castlepollard Exclusion From Commission on Mother and Baby Homes INQUIRY. (Second Thread)

StarryPlough01

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Bishop Eamonn Casey named in Residential Institutions Redress Board records.


Bishop Casey made a Redress Board settlement with a woman in 2005


The Limerick Diocese has confirmed this settlement


:mad: As I write the * Government is Proposing to Seal the Residential Institutions Redress Board records for 75 Years *



The Irish Mail on Sunday


'Bishop Casey Accused by Four Women'



Details of Victim's MAGDALENE 'hell' revealed on tape



imos.jpg


By Anne Sheridan


"The MoS can reveal the women who made the redress settlement with Bishop Casey is dead - and spoke out about …."



Bishop Casey accused by four women – Details of victim’s MAGDALENE ‘hell’ revealed on tape

31/03/2019


By Anne Sheridan


[Under pressure] Kerry Diocese said this week:



‘We can confirm that one historical concern regarding Bishop Casey was received by the diocese. This information was forwarded to the Gardaí and the HSE and the person concerned was offered support by the Diocese.’

Crucially, none of the three women previously revealed were offered or received support from the Kerry Diocese – another confirmation that a fourth person had made a fourth set of allegations.

The woman who was offered compensation under the Residential Institutions Redress Board for alleged child sexual abuse during Casey’s time in Limerick in the mid-1950s is now dead:


However, before she died in her 70s, the woman revealed, in an oral testimony to a survivors’ organisation, harrowing details of her life in Magdalene Laundries. Due to the Redress laws under which she received compensation, she could not reveal any details of her alleged abuser, Bishop Casey, or of her redress payment.


24/03/2019

By Anne Sheridan


Documents obtained by the Irish Mail on Sunday confirmed the Redress settlement, and a second settlement was confirmed by the Limerick Diocese when the Irish Mail on Sunday directly asked them.

Bishop Eamonn Casey's niece Patricia Donovan has alleged she was raped and sexually abused by him from the age of five for more than a decade:


Speaking for the first time, his niece Patricia Donovan, now 56, said: ‘It was rape, everything you imagine. It was the worst kind of abuse, it was horrific. I stopped being able long ago to find any words in the English language to describe what happened to me. It was one horrific thing after another."


'The late Bishop Eamonn Casey admitted to one of the allegations while serving as a priest up to 2005 in UK, two [sic] other women were given compensation'

Mon, Mar 25, 2019, 21:22 Updated: Mon, Mar 25, 2019, 22:44

Patsy McGarry


Speaking then to the English diocese’s child protection officer Fr Kieran O’Brien, according to a diocesan document, Bishop Casey saidthat there was another historical case dealt with by his solicitors in Dublin.

Name of alleged victim was (redacted). She made a claim through the Residential Institutions Redress Board and was awarded compensation,” according to a diocesan document.


March 30 2019

Diocese confirms Casey 'concern' as claims mount

By Sinead Kelleher



This is the first time that Bishop Casey has been named as one of the priests whose actions were dealt with by the redress board. The victim had taken High Court action but this was struck out in 2005 after the case was settled at the Redress Board.

The second victim settlement was paid out by the Limerick Diocese after a woman took High Court proceedings in 2016 which were settled after Bishop Casey died in March 2017.
 


Lumpy Talbot

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No
I'm under no illusions about the task assigned to the Ryan Commission. And noting the system whereby falae names were allocated to abusive clerics, ostensibly to 'prevent prejudice' in any subsequent follow-up court prosecutions- prosecutions which never happened.

And of course the attempts later to lock away all files from public view hardly promotes the idea of transparency and open-ness either.

Every apparent attempt by successive Irish Governments since the 1980s has been accompanied by efforts to brush much of the criminality carried out by members of religious orders and the orders themselves out of the picture- aided by civil and public servants.

Not much change there then between the 'old priest-ridden Ireland' and the new.
 

StarryPlough01

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Northern Ireland HIA Inquiry




Survivors of clerical child abuse get re-traumatised by HIA Inquiry chaired by Sir Anthony Hart..


2 young girls allegedly raped by priests while under the care of Catholic Church



These paedophile priests seem to get perverted pleasure from molesting children in the sacristy. It's not just convicted paedophile George Pell who raped minors in the sacristy.


(1) Brave Kate Walmsley (waived anonymity)

Kate was regularly abused by Priest in Londonderry from age of 8 Years… This fiend started to rape her at 12 Years of age in the sacristy...


8 Year old Kate Walmsley was handed over by a Sisters of Nazareth Catholic Nun to confess to this paedophile Priest. The nun called Kate "a child of the devil"

Kate is a young 62 years today



(2) 14 YEAR OLD "HIA 387" climbed over wall into Sisters of Our Lady of Charity of the Good Shepherd, Lys Marie (Contemplative) orchard located at 19 ROSSMORE DRIVE and was caught by a paedophile priest and taken to nearby Good Shepherd Church's sacristy and raped.

MY BELOW GOOGLE MAP SHOWS THE CONTEMPLATIVES' ORCHARD IS ONLY A HOP, SKIP AND JUMP FROM GOOD SHEPHERD CHURCH SACRISTY (AKA HOLY ROSARY CHURCH). :mad: SIR ANTHONY HART SAID IT WAS SOME DISTANCE AWAY :mad:



Google 19 Rossmore Drive Belfast BT7 3LA


YOtomCP.png



The Nuns gave a Map to HIA Inquiry:

9. "…. The Contemplatives' orchard and vegetable garden is marked on the map at Exhibit 1. The Contemplatives' orchard and vegetable garden was bounded on the north by a wall on the Ardmore Avenue side of the premises …."



My Post #444

What? Is the below mentioned orchard located at Lys Marie Convent, 19 Rossmore Drive? Googling that address shows Good Shepherd Church and its sacristy is within close proximity to the convent. A sexual predator priest wouldn't worry too much about being observed. The girl's word wouldn't be believed over a priest. Any how, it's all in the same environs of Ormeau Road.​
Retired Judge and Chair Anthony Hart appears to be editorialising here. The sacristy at Good Shepherd Church is not some distance away from the convent as editorialised by Sir Anthony Hart (HIA Inquiry).​
~SNIP~​
57
Because we are satisfied that HIA 387 attended school during her time in the Good Shepherd in Belfast, as a school girl she could only have worked in the laundry after school hours during term time and before the work in the laundry stopped for the day, also at weekends or in the holidays. There is a possibility that she has conflated her experiences in Belfast with her experiences in the laundry in Londonderry and in Newry, where she also spent some time.

58
She has described an incident she says occurred when she was aged fourteen and in the Good Shepherd in Belfast. She says she climbed over a wall into an orchard in the nun’s garden. She was caught there by a priest who took her to the sacristy, told her she was wicked and then raped her. This happened on a Saturday, and the next day being Sunday she refused to go forward to take Holy Communion. When asked by a nun why she would not go forward she explained that she would not eat “anybody’s body from soiled hands”.

When the nun asked her what she meant she told the nun what the priest had done to her, whereupon the nun slapped her and told her she was a little liar. She was then put to work in the worst part of the laundry where all the soiled clothes were. Within a week of telling the nun what had happened she said she was moved to another Good Shepherd Home in the country, where there was a railway track at the back, which she now believes to have been the Good Shepherd in Newry. The Good Shepherd Sisters pointed out that in fact she went from Belfast to their home in Londonderry for eight months between 30 September 1963 and 1 June 1964, and from Londonderry she went to their home in Newry.

59
Although the Good Shepherd Sisters initially told the Inquiry there was no orchard in Belfast, on further investigation it was recalled that the Contemplative Sisters had a small orchard and vegetable garden bounded by a high wall on one side and by high hedges on another. According to a former caretaker, this was accessed through an arched opening in the hedge.33

A map prepared by the Good Shepherd Sisters for the Inquiry shows this area as being some distance from the chapel where the sacristy was. A possible inference from this layout is that the description of the place where HIA 387 says she climbed over a wall is not easy to reconcile with the layout of the Good Shepherd Sisters’ orchard. In addition, as the sacristy was some distance away it is somewhat unlikely that a priest would have been in the Contemplative Sisters’ orchard or would have been able to take her to the sacristy unobserved.



^^^ THE GOOD SHEPHERD CHURCH'S SACRISTY (AKA HOLY ROSARY CHURCH) WHERE THE ALLEGED RAPE WOULD HAVE OCCURRED IS IN CLOSE PROXIMITY TO CONTEMPLATIVE SISTERS' ORCHARD


60

We have also taken into account that the layout described by HIA 387 much more closely resembles the orchard attached to the presbytery of the * FORMER HOLY ROSARY CHURCH, * which adjoined the Sister of Nazareth premises on the opposite side of the Ormeau Road where she had been before.



SIR ANTHONY HART'S ^^^ "FORMER HOLY ROSARY CHURCH" ^^^ IS LOCATED AT THE SAME ADDRESS: 503 ORMEAU RD AS GOOD SHEPHERD CHURCH ON GOOGLE MAP ~~~ THEY ARE ONE AND THE SAME


Map herein

Address​
Holy Rosary Presbytery​
503 Ormeau Road, Belfast​
BT7 3GR​


61
We carefully considered all these matters, and whilst we accept that such an incident may have occurred, we have been unable to determine whether it occurred whilst HIA 387 was in the care of the Good Shepherd Sisters or in the care of the Sisters of Nazareth
.



My Post #447

The Appendices were a dog's dinner. There are possibly missing pages? Quite unacceptable. Every lawyer knows that you attach Appendix "A" in full and refer to it. You then attach Appendix "B" in full and refer to it, and so on for all the other appendices.​

MY MAIN COMPLAINT IS: -----> Sir Anthony Hart seemed to be making excuses not to follow up on lines of inquiry. For example, how many girls under 18 years of age (WITHIN HIS REMIT) worked in the laundries?​
Furthermore, the poor woman who said she was raped by a priest (at 14 years of age) should have been asked for more detail about the priest in question, and asked for more information about the nun she complained to, the church where she refused communion from a priest with soiled hands, etc., etc.​
To be blunt, Sir Anthony Hart is making sh*t up that a sexual predator priest would be observed walking with a young girl. Who would give a toss at seeing a priest and a young 14 year old girl walking together? The priest had no reason to be concerned. These priests acted in the role of chaplain (noted in an appendix with regard to Fr Lynch) / counsellors to youth and families (think of notorious paedophile Fr Brendan Smith)… The nun the girl complained to, slapped her and told her that she was a liar. She was then put to work with soiled laundry.​
Therefore, on the contrary, I find it highly probable that this filthy sexual perverted priest was in the Contemplative Sisters' orchard because he was visiting at their convent, maybe he was taking a shortcut, or perhaps spied the young girl through the hedge… Within a week after complaining about the priest to the nun, the 14 year old girl was transferred somewhere else. Look into the dates when she was transferred. Who was the priest serving communion at that time? Then, find out if anyone else has ever complained about this priest?​
~SNIP~​
Sir Anthony Hart dismisses above assault on HIA 377 as not being 'widespread, systemic or condoned. ' Where is his supporting evidence? It might not be condoned on paper, but it did happen … everyone looked the other way...​
One nun 'struck a girl in the face' when she was in bed. Sir Anthony Hart excused this episode as the nun being worried about the girl having walked through a "troubles" area (Creggan estate). So, the girl managed to avoid any incident, only then to be struck in the face by a nun on her return to the institution.​
Reading between the lines, a couple of times, I suspected a bit of leading the witnesses (survivors) to downplay their testimony (e.g., it was out of character for that nun to assault anyone ... just an aberration on her part when she attacked me in my bed…).​
EXCUSES, EXCUSES AND MORE EXCUSES. IT WAS WITHIN SIR ANTHONY HART'S REMIT TO INVESTIGATE MORE THOROUGHLY HOW MANY GIRLS UNDER 18 YEARS WORKED IN THE LAUNDRIES…​



Continues below...
 
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StarryPlough01

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Continuing from above post #1,203...


My Post $449



January 14 2014


By Joanne Sweeney


An Extract

Kate Walmsley

"Kate was just seven when her life was irrevocably changed.


"Unable to cope with caring for four children after his wife left him, Kate's father took his family from Glasgow to Northern Ireland. While he sought refuge in a local men's hostel, he probably thought that by placing his children in a variety of Catholic-run religious institutions, he was doing his best for them under difficult circumstances.

"The youngest, Kate and another sibling went to Nazareth House, where her years of torture and neglect began.

"The two sisters were kept separate from each other, unable to give any loving family support.

"Now in her 50s, the Derry woman suffered the full range of abuse, from being sexually assaulted by a priest most weekends, to being forced to lift excrement out of blocked toilets by a nun and being made to stand up at breakfast time in front of everyone else for bed-wetting.

"The priest gradually groomed her, then expected her to receive Holy Communion the next day in atonement for her sins. Kate, wringing her hands constantly, also tells of the downward spiral her life took afterwards, when she eventually got out of the care system at the age of 15.

"She has serious problems with drink, drugs and depression and has been suicidal over the years.

"However, one of the most debilitating hurts caused to her was the constant claims by one particular nun that her "badness" had caused the breakdown of her parents' marriage.



A woman abused while resident at a children's home in Northern Ireland was left suicidal after telling her story before a public inquiry.

Kate Walmsley, 58, was in an institution in Londonderry from 1964 to 1969, having been admitted as a young child. She recalled being targeted aged eight by a priest in a confessional box while under the care of the Sisters of Nazareth order of Catholic nuns.


Published: 12:30 Updated: 12:36 Friday 25 April 2

By Ellen Barr

"One nun called Kate “a child of the devil.” and sent her to confessions.

"Once again, a pattern of violent abuse began. Kate, who had barely approached puberty, was sexually abused by a priest, on a weekly basis.

"The priest would take her to an office and lock her inside. She sustained consistent sexual abuse at his hands from the time she was 8 until she was 12 years old. He began by asking her to take her pants off and sit in front of him as he performed a sexual act.

"It was only when Kate went to a local secondary school that things changed.

“I didn’t want to do PE. I’d be sore sitting in class after I’d been abused and I didn’t want to be changing my clothes in front of other people. …."



Short Podcast - 62 year old Kate Walmsley speaking

'Emotional, physical, mental and sexual abuse' from Paedophile priest ~


Published: 24 08 2018



_______________________________________




Edit:

Sexual abuse
 
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Lumpy Talbot

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No
Reading through the priest-ridden Ireland of the past and its more gothic corners one would have to say that the orders and priesthood had more than their fair share of mentally ill characters in their ranks.

What would then have been regarded as eccentricities or foibles would today be regarded as symptoms of mental illness.
 

StarryPlough01

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Who has investigated the judiiciary?
 

Lumpy Talbot

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No
I recall the way the Ryan Commission hearings from victims began. With barristers and solicitors thumping the table and interrogating victims in an effort to dissuade them from taking the issues further.

That only halted when the bould denizens of Ireland's judicial state realised there was a load of corroborated evidence emerging and that they weren's going to be able to suppress it by belligerence. So from there the usual Irish state focus on 'accidents and diversions' began to occur.

Starting with the mistaken dropping of the 'misprision of felony' charge between two criminal justice acts by the office of the state solicitor.

The reason we can conclude it wasn't a 'mistake' to remove the primary charge that bishops, clerics and members of the orders could have faced in a courtroom is because the 'mistake' was acknowledged but never fixed. Which could have been done very quickly.

So the legal fraternity are up to their learned bollocks in the various attempts to brush everything under the carpet.
 

StarryPlough01

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DR GERARDINE TAYLOR ROBINSON WAS SUBPOENAED TO APPEAR BEFORE THE AUSTRALIAN ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE.



*Dr Gerardine Robinson has a Masters and PhD. Her field of expertise and experience is in pyscho-sexual assessment and diagnosis.


*Dr Robinson's breadth and depth of knowledge and her clinical experience with abusing clerics who have psycho-sexual disorders is quite substantial.


*Dr Robinson was employed by the Catholic Church, and she's worked with accused and established child sex offenders in the hundreds. For one Catholic organisation, her clients totalled over 1,000. Some clerics self referred.


*Dr Robinson gave testimony to Royal Commission that Australian clergy would go to confession and feel absolved, and then continue to sexually abuse children.

Dr Robinson was asked by Royal Commission Mr Free "What proportion of people in Australia had she seen who confessed what they were doing?"

Dr Robinson replied [Verbatim] "Look, I think it probably would be substantial…. " And Dr Robinson would also ask them in assessment, and they would blithely reply: "Yes, every time I offended, I went to confession."


PUBLIC HEARING - Case Study 50 (Day 247)


Search | Royal Commission into Institutional Responses to Child Sexual Abuse Royal Commission into Institutional Responses to Child Sexual Abuse


13/02/2017 (247) Transcript produced by DTI25202 ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO CHILD SEXUAL ABUSE


Transcript ~ Institutional review of Catholic Church authorities - Day 247


On Monday, 13 February 2017 at 10 am



Dr Robinson stated to the Commission that she believed if the Church selected and produced men who would offend, then they had a responsibility to treat them, as research indicates that treatment reduces recidivism exponentially.


Dr Robinson gave testimony that Australian clergy would go to confession and feel absolved, and then continue to sexually abuse children.


Some older clergy would say that when they sexually abused children, they were not breaking their vow of celibacy (totally WHACKO). And many said that when they offended, they went to confession.


Dr Robinson stated that clergy have earlier access to vulnerable people than anyone else (GPs, etc). A health professional sees vulnerable people weeks later (divorces, bereaved families, …).


Dr Robinson thinks it's a dangerous cocktail for Catholic clergy to have entitlement, a sense of superiority as well as exclusion [p73 of 145] ~


She said that the Catholic Church attracts and rewards priests who are dependent, compulsive and schizoid
.


Ms Robinson felt an external multi-disciplinary assessment of candidates was vital by trained professionals with a specialty in that area.


Dr Robinson has also researched seminarians, and said that they will act out before vows (ordinations). She felt the hierarchical structure in seminaries was very homophobic. She said that homosexual men have suffered because of this atmosphere - emotionally, spiritually and psychologically. She stated it was horrendous for them.


I, Starry, feel it's unnatural to repress your sexual feelings, otherwise you will act out. ^^^


Dr Robinson said nothing will change unless we have frank conversations about celibacy, sexual orientation…


Continuing…
 

StarryPlough01

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'Talk given by Gerardine Taylor Robinson to the Australian Council of Priests'


Sep 26


NATIONAL COUNCIL OF PRIESTS CONVENTION 11th SEPTEMBER 2018




Tony Flannery Priest & Author (born 1947) is a member of the Redemptorist congregation, a native of Attymon, near Athenry in County Galway, Ireland.


Dr Gerardine Taylor Robinson's clinical opinion is based on almost 30 years of working with Catholic clergy and religious in both the USA (8 years) and Australia (21 years) ~ the clergy she worked with "came from nearly every country on earth"

The Royal Commission’s task was to listen and bear witness to what happened to children in Institutions, to provide compassionate and just responses to those who were abused, and to recommend changes to Church structure, culture and processes in order to prevent abuse. ….

My task today and the perspective I offer for consideration are to describe “A View from the Clinic”. If you like, – my reflections on some factors I think need to change if we are to make a whole-hearted response to the tragedy of child sexual abuse perpetrated by Catholic clergy and religious.

Over many years now, I have noticed actors and patterns that are consistent from culture to culture, though they differ in intensity, and application in different cultures.

SYSTEMIC FACTORS


The Royal Commission quoted (Vol 16, Book 2, p587) evidence given by a social scientist and theologian as follows
“The features of the institutional church that are said to contribute to a climate in which sexual abuse by Catholic clergy becomes possible includes

*the theology of sexuality,
*the ecclesiastical structure of power relations and hierarchical authority,
*the clerical culture,
*seminary formation.

These aspects of the institution are influenced in turn by its traditions and teachings that are seen by some scholars to have rendered sexual abuse by clergy and the subsequent responses of the Catholic hierarchy almost inevitable.”2

INDIVIDUAL FACTORS

Starry
; The Royal Commission's findings concluded that individual pathology on its own was insufficient to explain the horrendous child sexual abuse perpetrated by Catholic clergy and religious.

Dr Gerardine Robinson, speaking from her 30 years clinical experience with clergy, suggests specific factors heighten the risk of sexual abuse of minors and are related to an individual cleric's psychosexual immaturity or psychosexual dysfunction, which are combined with situational and institutional factors.

1554215030681.gif
 

StarryPlough01

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I recall the way the Ryan Commission hearings from victims began. With barristers and solicitors thumping the table and interrogating victims in an effort to dissuade them from taking the issues further.

That only halted when the bould denizens of Ireland's judicial state realised there was a load of corroborated evidence emerging and that they weren's going to be able to suppress it by belligerence. So from there the usual Irish state focus on 'accidents and diversions' began to occur.

Starting with the mistaken dropping of the 'misprision of felony' charge between two criminal justice acts by the office of the state solicitor.

The reason we can conclude it wasn't a 'mistake' to remove the primary charge that bishops, clerics and members of the orders could have faced in a courtroom is because the 'mistake' was acknowledged but never fixed. Which could have been done very quickly.

So the legal fraternity are up to their learned bollocks in the various attempts to brush everything under the carpet.
The legislators got away with it.

Thu, Oct 24, 2002, 01:00

Joe Humphreys

The Minister is examining whether the law in question can be applied retrospectively, prospectively or at all. Under the 1997 Act, two new offences of assisting or concealing an offence were created. Meanwhile, the Offences Against the State Amendment Act, 1998, made it an offence to fail to report any serious offence, namely an offence which carries a jail term of five years or more. The latter piece of legislation was introduced in the wake of the Omagh bombing as a counter-terrorism measure and it explicitly excluded sexual crimes from its scope.
 

StarryPlough01

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It's all a big dodge, the religious orders are always trying to obfuscate and hide things...



Death Registers for nigh 800 names for Bessborough (Cork) and Sean Ross Abbey (Tipp) Mother and Baby Homes were handed over to HSE by order Sacred Hearts of Jesus and Mary in 2011


Monday, April 01, 2019 - 05:30 AM


By Conall Ó Fátharta


The list is not the full number of children known to have died at the institutions.


Bessborough, Cork, Mother and Baby Home:

In the case of Bessborough, the register shows 470 infants and 10 women died there between 1934 and 1953. A total of 273 deaths took place in a six-year period between 1939 and 1944.

However, the Order reported 353 deaths to State inspectors in this period.

....

It is known that * some children and former residents of the institution * are buried in a number of Cork city cemeteries.







PeterMulryanTuamSurvivor_large.jpg


Tuam Mother and Baby Home Survivor Peter Mulryan - whose mother Delia is buried at the Magdalene plot and who is searching for his sister - at the remembrance day for the Magdalene women at Bohermore Cemetery, Galway. Picture: Hany Marzouk
 

StarryPlough01

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Dáil Éireann debate -
Tuesday, 2 Apr 2019

Retention of Records Bill 2019: Second Stage


Deputy Clare Daly



The preservation of the records of the three inquiries would be welcomed by everybody. It is probably overdue in many ways. The fact that positive act, and the legislation being proposed to do that, would also contain within it one of the more regressive, unhelpful and draconian elements of legislation is appalling. It strikes a chilling tone. This is being enforced in respect of citizens who have already been violated by this State. I find that utterly shocking. I realise this legislation is being pushed because of the lack of other legislation before the House due to uncertainty with Brexit. It is completely unhelpful that this is being rushed because of that vacuum.

*The first thing to state is that the sealing of records or archives for 75 years is unprecedented, unnecessary and extreme.* I will oppose this tooth and nail. I am shocked by it. The Minister needs to clarify what records we are talking about and why. We have heard allusion to sensitivity regarding survivors etc. Many administrative records are also included, however. They are not testimony but they will help us understand how the commission operated. If those records are buried, that will fulfil the worst expectations people have regarding a cover-up.

The National Archive Act 1986 provides for officers of Government Departments, with the consent of the Department of the Taoiseach, to certify that the release of departmental records which are more than 30 years old in some circumstances:


(a) would be contrary to the public interest, or​
(b) would or might constitute a breach of statutory duty, or a breach of good faith on the ground that they contain information supplied in confidence, or​
(c) would or might cause distress or danger to living persons…​

That clause already exists and it is adequate to protect any information or any person in need of protecting. The excuse, therefore, of why we need this gagging order inserted does not hold water. The sensitivity and interests of the people who might be damaged regarding information they gave in confidence is already protected under the legislation to which I referred. Why, therefore, are we doing this? What is being gagged? We do not know the wishes of the people who gave the testimonies. We know some are deeply distraught at even the mention of this legislation. Can the Minister state what percentage of the people who gave evidence before the commissions wanted the records sealed for 75 years? Were the survivors consulted about this proposal? Were alternatives considered and given? How many people were asked or given options about how to preserve their records? Do they have a copy of their own testimonies?


We know people who gave testimony to the mother and baby homes commission have not been given a copy of their own testimony. I do not think that is adequate or fair. The former head of the National Archives, Catriona Crowe, has already been quoted here. That is appropriate and not an accident. I am going to quote her again because she is the foremost authority on archives in this State. Archives are the public's information and part of our history. Ms Crowe recently stated there was no clear reason why people should be denied access to copies of their own information. Such access would be entirely in keeping with modern data requests.


Ms Crowe gave the example of the Military Pensions Act 1924, and related Acts, that required applicants to submit detailed information on military actions in which they were involved from 1916 to 1923. A copy was given to the applicant in every single one of those cases. Why are the survivors of abuse not given the same respect? The survivors themselves have asked that question. The files created under the Military Pensions Act dealt with serious conflicts, including the 1916 Rising, the War of Independence and the Civil War. Those conflicts involved many sensitive issues but they were not subject to a gagging clause. There was no problem with them at all.


Even after the controversy around the Boston tapes, nobody mentioned imposing a 75-year rule. In those examples nobody saw fit to have a 75-year rule, yet there is to be a different set of criteria for the victims of industrial abuse. This is the story of those people's lives. They have been treated differently and disrespected all of their lives and the same will apply to their records after their deaths. It is the final insult for so many people.


Catriona Crowe raises very important questions about the legality, or lack of legality, of the proposals because the legislation will, in effect, disable parts of the National Archives Act 1986 and place records beyond the Freedom of Information Act 2014. This is a step which will weaken citizens' rights to access vital information about themselves and which, in the era of the GDPR, is potentially illegal. As other Deputies have said, this clause will obviously have an incredibly negative effect on public discourse and will reinforce a culture of silence and shame with regard to issues of child and sexual abuse. It cuts across educational and cultural awareness of these issues. In that sense, it is incredibly regressive and unbelievably disproportionate. I cannot see any logic in it whatever.


It is ironic that this Bill is being dealt with shortly after the UN special rapporteur on child and sexual abuse made statements in which she singled out the damage that can be caused by the culture of silence. We are perpetuating this culture in this Bill because one of our last dirty little secrets will be locked up for 75 years
.


Let us consider the reasons we keep archives and why they are so important. In the first instance, we keep archives to ensure that our knowledge of the past and of human social life in all its varieties - good and bad - remains available for the future. It is very important that records are preserved and we welcome that part of the Bill. However, withholding them for 75 years instead of the standard period is not justified given that, as other Deputies noted, records can be anonymised and sensitive material redacted. Furthermore, the legislation also provides a safety valve, as I mentioned.


The 30-year rule is now considered too stringent. The United Kingdom has passed legislation to transition to a 20-year rule by 2022. It is absolutely inevitable, with or without Brexit, that Ireland will follow suit with regard to that clause. We have to do so in the interests of academia and scholarly access to information. Ireland will follow and have a 20-year rule because researchers and students need to have archival access at the same time. Otherwise, there will be an imbalance and a bias in historical research that will not be helpful for humanity across Europe. It is inevitable that the 30-year period will change. Despite the move towards a 20-year rule, we are adopting a 75-year rule for this special situation. We should not engage in limiting our understanding of history or our research options. We should be trying to manage our archival resources in a thoughtful manner on a par with our European neighbours, rather than resorting to excessive gagging legislation which will hinder future research.


To hold back particular records for a much longer period than is the norm sets a very worrying precedent and arouses justifiable suspicion. Many of the survivor groups already feel there has been an incredibly inappropriate delay in dealing with the conditions their members experienced and addressing the criminal activity that took place in the institutions. Those conditions and that activity were ignored and covered up and these people had no recourse to the justice system for most of their lives.



Continues below...
 
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StarryPlough01

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Dáil Éireann debate -

Tuesday, 2 Apr 2019

Retention of Records Bill 2019: Second Stage


Deputy Clare Daly



In the UK, an escape clause is used to block the release of archives after 30 years. Where do these exceptions normally apply? In Britain, they are applied to files relating to matters such as the Westland affair, the Gibraltar killings and the Falklands War. In other words, they are applied to files relating to incredibly controversial events. Most of us believe that these files are being gagged beyond 30 years because the British State has something to hide in respect of these matters. That is the reason. Does the same reason apply in this case? Is that why we are doing this? It looks very much like that is the case because there is no other logical explanation for this approach. Survivors see it as a cover-up. The only precedent relates to extremely controversial international events in respect of which the State has something to hide. There in no other precedent. Unless the Minister can give me a good reason not to do so, I will strenuously oppose the Bill. This is not just important for the victims but also for history and future generations.


The Cambridge historian, Richard J. Evans, who is coincidentally speaking in Trinity College this evening, was a key expert witness against the racist anti-Semite and falsifier of history, David Irving, in an historic trial in April 2000. Irving falsified the history of the Second World War in many of his books in order to deny the Holocaust. Evans testified against him as an expert and his expert witness testimony systemically traced the false footnotes and misleading references cited by Irving to their archival sources. Through that process, he was able to discredit Irving's false history of the Second World War. It was an incredibly important case and a lesson for all of us. If those resources and archives had been gagged or buried, it would have allowed charlatans or racists like David Irving to present their warped view of history unchallenged. Historical scholarship has to have the ability to reach reasoned conclusions on the basis of careful examination of written evidence. That is all we are asking for. We cannot engage in obstruction of the historical record, which is what this looks like. We need to have the capacity to know what happened to all of these people when they are no longer around to tell us themselves. That is absolutely vital. To impose any special clause on that is to do them, their families and their testimonies an enormous disservice. I am very unhappy about this.


There is a certain irony in discussing this legislation in the era of fake news and the rise of the far right. Accuracy and truth are hugely important. Burying the truth causes major problems. It is something that we, as a society, cannot afford to do. As we have done here many times before, I salute the efforts of the victims and those who had the courage to speak up, speak out and come forward to testify against the perpetrators of violence and sexual abuse. Many of those perpetrators remain unaccountable for the heinous crimes they committed. To call for an exceptional seal on those records for 75 years creates the impression that something is being hidden. It is a case of shame and stigma all over again and it is not helpful for healing. Critically, it has no basis in Irish archival law.


I indicated earlier that in her report to the Human Rights Council last month, the UN special rapporteur heavily criticised Ireland for what she described as a culture of silence around issues of childhood sexual abuse and exploitation. She had not even seen this legislation. Wait until she does because she will add to her report. She also highlighted the reason she singled this issue out as a cause for concern. She said that historical precedents impact on the situation today. That is absolutely the case. If we do not learn lessons from the past, we cannot move forward into the future. We know the State's response to the legacy of sexual abuse, incarceration, forced adoption and mother and baby homes has been a disappointment to the survivors. Instead of support, redress, and access to justice, the State has engaged in denial, delay, gagging survivors and limiting the scope of investigations. It has left people behind in respect of Bethany Home and the Magdalen laundries and has given indemnity to many perpetrators, including St. Patrick's Guild and the like. It has let religious orders off the hook for the financial bill and traumatised many of the victims all over again through the establishment and mismanagement of Caranua. This is part of that process.


It did not have to be this way. That is what really sickens me. Other countries in which similar abuses took place, including Canada, the UK and Australia, did not deal with the issue in the way in which we are dealing with it - or not dealing with it as the case may be. They moved faster and were more compassionate. They issued apologies and dealt with redress. They accepted the state's role in the abuses, held their hands up and allowed people to move on. In this country, the permanent government has decided to dig in, protect the State at all costs and, I suspect, protect some of the religious orders as well. This Bill is another part of that process.


The sealing of records has already taken place in terms of, for example, adoption records. It helps no one and causes a lifetime of grief. We cannot have that.


The Government is being disingenuous about the sensitivity of the files. I do not mean the Minister personally, but that is the only conclusion I can draw from the legislation before us and the fact that the State has never acted in the interests of survivors of abuse or their families. We have seen that time and again in the form of the Magdalen redress scheme, Caranua, Bethany Home, illegal adoptions and so on. The State's approach in the first instance is to protect itself, not the survivors. That is the hallmark of every option it takes. It should be the victims who make the call to draw a line under something, not the State.


Catriona Crowe has done a great deal to highlight some of the institutional abuses that took place. Her curiosity was raised when she found files that originated in another jurisdiction. That led to her taking a closer look and discovering 1,500 documents relating to the illegal adoption of children to the United States. Apart from the heartbreak of the families involved, the startling aspect of her uncovering of those historical records was the fact that the State, through officials in the then Department of External Affairs, had facilitated the illegal export of children. It is no wonder that people are suspicious of the Government's intentions in sealing records, but the truth will out no matter how great the attempt to bury it, which is what this Bill is doing.


I will quote Catriona Crowe's remarks on this legislation in the Irish Examiner last week:


*The existing provisions of the National Archives Act are more than adequate to cover access to these records ...
*These records are vital for an understanding of the policies and operations of the commission, and there is no reason at all why they should be closed for 75 years.
We should all remember that survivors should be the primary consideration with regard to these records.
*They were brave enough to give testimonies about their shocking treatment to the commission, and the emphasis now should be on establishing what they want, and as far as practicably possible, meeting their wishes.​


I have not met a survivor of these institutions who wants this legislation. Survivors want the truth to come out, justice, a full acknowledgement, an apology and redress. They do not want a continuation of the culture of silence that led to them being incarcerated in these institutions for so long and to so many people not being called to account for what happened. I hope that we will see sense and, while preserving these documents, ensure that they are subject to the normal protections that exist as opposed to this special gagging clause.
 
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StarryPlough01

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Retention of Records Bill



Sealing records for 75 years is a Regressive Step.
 

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High Court Decision In matter of FOI Act 2014 has impacted Public's fundamental Right to Know / Access to Information… Presumption in favour of release has been undermined


Some are calling the HC decision a fatal blow for FOI Act


Sinn Féin TD Pearse Doherty said decision "made public bodies free to refuse FOI requests without challenge"



'The Freedom of Information Act is dead': High Court rules against Information Commissioner in UCC finding
'The ruling is believed to have huge implications for the application of the Act.'



Mr Justice Garrett Simons found that the Commissioner was wrong to take a “presumption in favour of disclosure” as the starting point of RTÉ’s appeal.

He said that such an approach required UCC to justify why it had refused access to the records, referring to a previous finding against the Information Commissioner in the Court of Appeal.

....

Sinn Féin TD Pearse Doherty said that the judgement was contrary to the purpose of Freedom of Information laws, suggesting it made public bodies free to refuse FOI requests without challenge.

“Freedom of Information is crucial for any functioning democracy,” he told TheJournal.ie.

“Information obtained through FOI by journalists in the past has served the public interest well in shining a light on serious social and political affairs.

“There can be no dilution of this in the future. Without the circulation of information regarding public bodies, good and transparent governance would be impossible.”

....

Today, the judge dismissed a suggestion by the Information Commissioner that this ruling meant UCC’s approach would reduce his role to “a rubber-stamping exercise”.



High Court Judgment
2018 No 12 MCA
University College Cork -v- The Information Commissioner & amor

JUDGMENT of Mr Justice Garrett Simons delivered on 3 April 2019


IN THE MATTER OF THE FREEDOM OF INFORMATION ACT 2014
IN THE MATTER OF AN APPEAL PURSUANT TO SECTION 24 OF THE FREEDOM OF INFORMATION ACT 2014 AND ORDER 130 AND ORDER 84C OF THE RULES OF THE SUPERIOR COURT


CONCLUSION



88. For the reasons set out above, I am satisfied that the Information Commissioner’s decision exhibits a number of errors of law, and that these errors are material. In particular, the impugned decision (i) mistakenly takes as its starting point a presumption in favour of disclosure, which required UCC to justify the refusal of access, and (ii) misinterprets and/or misapplies the threshold for the “competitive prejudice” exemption under section 36(1)(b) of the FOI Act 2014.

89. The fact that the Information Commissioner concluded—erroneously—that the records did not fall within section 36(1)(b) meant that the separate question under section 36(3) of whether the public interest was in favour of disclosure was not considered. (The public interest test had only been applied in respect of the third party information). I propose, therefore, to remit the matter to the Information Commissioner to reconsider and to decide in light of the findings set out in this judgment.



The Information Commissioner will have to appeal decision to Supreme Court, as his role is reduced to rubber-stamping public bodies refusal to release documents. A presumption in favour of disclosure has been greatly undermined ~



Gavin Sheridan‏
CEO @Vizlegal | Co-founder @righttoknowie | #FOIA, #legaltech, journalism, data, OSINT, futurism | Former Innovation Director @Storyful


Gavin Sheridan‏ Verified account @gavinsblog

And so this is where we are. The Information Commissioner's role has I would argue been reduced to that of rubber-stamping the decisions of public bodies. Public body says "we won't release": OIC says: "ok, no worries!"

4:10 AM - 3 Apr 2019

Access to information is a fundamental right ~


Gavin Sheridan‏
Verified account @gavinsblog

Also: Access to information is a fundamental right. These judgments raise questions under the Irish Constitution, the European Convention on Human Rights and the Treaties of the EU. This affects every citizen's rights, not just those of journalists (as heaviest users of FOI)

5:17 AM - 3 Apr 2019
 

StarryPlough01

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The Freedom of Information Act 2014 provides the following statutory rights:

  • A legal right for each person to access information held by a body to which FOI legislation applies – known as an FOI body
  • A legal right for each person to have official information relating to himself/herself amended where it is incomplete, incorrect or misleading
  • A legal right for each person to obtain reasons for decisions affecting himself/herself.
 

StarryPlough01

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What BS from Department for Justice... Their intimidatory tactics are totally unacceptable



Conall Ó Fátharta‏ @ococonuts


No response from justice minister Charlie Flanagan to a letter from a small group of women asking him to intervene in a dispute over a continuing delay to grant them redress over work in a Magdalene LaundryConall Ó Fátharta‏ @ococonuts


No response from Minister for Justice and Equality Charles Flanagan for 14 women who worked in An Grianán training centre's attached High Park Magdalene laundry post-1980


Friday, April 05, 2019 - 04:06 PM



By Conall Ó Fátharta


"A number of these women said they have been told by the Restorative Justice Unit (RJU) in the Department of Justice, which administers the redress scheme, that the reason for the delay is that the order that ran the institution — the Sisters of Our Lady of Charity of Refuge — has stated that it stopped sending girls from An Grianán to work in the main laundry in 1980.
....

"On three separate occasions, the legal team for the women has requested information on the evidence given by the order to the RJU [Restorative Justice Unit] to support this claim from the department but has been refused it.
....

"Mr [Noel] Dowling had written to Ms Lyon asking that her clients might "reconsider" a request made of the women in February to attend an interview with the RJU in respect of their time in An Grianán.


Solicitor Wendy Lyon, of criminal defence and human rights firm KOD Lyons wrote:


"There is no suggestion, I note, that the nun or nuns who made whatever allegations have led to this impasse have been required to attend similar interviews. Further, it is not clear how the application of fair procedures is to be ensured during these intended interviews," ....​

"Ms Lyon then requests that officials forward the details of the allegation that children did not work in the Laundry post-1980 and a list of questions for her clients and that they would revert in writing.
 

StarryPlough01

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Monthly Update on Issues relating to Mother and Baby Homes -April 2019




The Minister for Children and Youth Affairs Katherine Zappone met with the members of the Forum on 3rd April to discuss the report and the future composition and mandate of the Forum.Minister Zappone is planning to bring a Memorandum to Government on 16th April requesting approval to publish the recommendations set out in the Forum’s Report. The Minister will also set out the Government’s response at that time.


The Fifth Interim Report of the Commission of Investigation into Mother and Baby Homes

The Commission of Investigation (Mother and Baby Homes and certain related Matters) submitted its fifth Interim Report to Minister Katherine Zappone on 15th March 2019. The report includes extensive technical reports prepared in the course of the Commission’s work on the site of the former institution in Mother and Baby Home in Tuam, Co Galway and the Commission’s assessment of burial arrangements at some of the other major institutions.The technical reports will be most helpful in contributing to the scoping exercise currently underway to develop bespoke legislation to implement the agreed course of action at the Tuam site. The Interdepartmental Group that assists to co-ordinate considerations on these matters met on 4th April to discuss this latest report.The Minister intends to bring this Report to Government in the coming weeks to seek formal approval for its publication


Update on Bessborough Folly

Representations have been made to the Minister regarding the recent partial demolition of the Folly on the grounds of the former Mother and Baby Home at Bessborough, County Cork. The Department of Children and Youth Affairs has no direct role in this matter, however the Minister asked for clarification from Cork County Council on these works.

The Council confirmed that this matter was brought to their attention several weeks ago. The Council is of the view that the Folly forms part of the curtilage of the protected structure (Bessborough House) and is subject to the same levels of protection. Upon inspection of the site by the Council, the Order was advised to halt works. Cork City Council has received a commitment from the Sisters of the Sacred Hearts of Jesus and Mary to reinstate the Bessborough folly sensitively using the necessary level of expertise. The Council are awaiting detailed plans and will continue to engage with the Order to finalise details of the reinstatement.Further information will be available from the Council in due course.
 

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Religious congregations indemnity deal was ‘a blank cheque’, says ex-Attorney General Michael McDowell


Michael McDowell is the presenter of new RTE documentary 'Rome v Republic'


Ex-AG McDowell says he and senior ministers were kept out of talks on 2002 accord




By Patsy McGarry


[Michael McDowell] “The simple fact of the matter is that the result was that the State effectively signed a blank cheque which cost us €1.4 billion in the end, in exchange for a promise of a contribution of €128 million from the religious orders,” he says.



Church turned its back on Irish Law and used secretive canon law precepts instead:


No church is entitled to say to the Irish State: ‘Our law is superior to your law.'


"Of the €128 million they agreed to pay at the time, €4.21 million (3 per cent) is still outstanding.



2009 Ryan Report recommended religious orders which ran the institutions pay half of cost of redress and State the remainder:


:mad: "Combined, the congregations offered a further €352.61 million, of which *** €103.17 has been paid over *** (in cash and property), or 29 per cent.


The redress scheme has cost the taxpayer €1.5 billion with 15,579 people, who had been in institutions managed by the 18 congregations as children, receiving awards which averaged €62,250 each.
 

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Allegations of sexual abuse over-up against Bishop Richard J Malone over two states (Buffalo NY and Maine) have connections to Vatican and Pope Francis...


3:40 PM, Apr 01, 2019 Updated: 3:40 AM, Apr 02, 2019


By: Charlie Specht

Returning priest to ministry after inappropriate conduct with children and adults.

Fr Art Smith


*Keeping priest in ministry despite allegations of sexual abuse (young men).​
Fr Robert Yetter​
*Concealing sexual misconduct allegations against 60 accused priests.​
Malone in March released a list of only 42 priests​
*Allowing an accused priest to work at a diocese children's camp.​
Former priest Fr Joseph Rappl​
*Returning a priest to ministry despite multiple child sex abuse allegations.​
Fr Dennis Riter​
*Keeping a priest in ministry despite previous claim of child sex abuse.​
Fr Fabian Maryanski​
*Returning priest to ministry despite history of pornography problems.​
Rev Robert Stolinski​
*Mishandling sex abuse in previous diocese (Maine).​
*National scandal featured on "60 Minutes"​
"In October, "60 Minutes" aired a national investigative story on Bishop Malone and the Diocese of Buffalo which included an interview with Malone's former secretary-turned-whistleblower Siobhan O'Connor and his former canon lawyer, Fr. Robert Zilliox. The secretary said she was compelled to provide confidential documents that showed Malone "knew of sexual abuse allegations, but did nothing." The bishop denied the charges."​
*Mansion controversy (spending of parishioner funds).​
Malone squandered $200,000 in upgrades or his new home​
*Legal tactics/treatment of victims.​
"Bishop Malone called for sexual abuse survivors to come forward in 2018 to report sexual abuse to the diocese. But victims said it was difficult to get through to the diocese in the weeks and months since the compensation program was announced. They also were stunned to find out in January that the diocese was excluding from the settlement program victims who came forward after March -- when the program was announced."​
*Leaving two more priests in ministry despite allegations.​
Msgr Fred Leising and Fr Ronald Sajdak​
*Allowing accused priest to run Buffalo's seminary before suspension​
Fr Joe Gatto ~ Christ the King Seminary​
*Criticising whistleblower who revealed cover-up​
*Criticising a high-ranking Cardinal and adviser to Pope Francis.​
In October, Cardinal Sean O'Malley of the Archdiocese of Boston called on the Vatican to investigate Bishop Malone for the cover-up of sexual abuse in the Diocese of Buffalo. O'Malley is a top adviser to Pope Francis and serves as head of the Vatican’s Commission for the Protection of Minors.​
*Mishandling sexual harassment allegations at Alden parish.​
Allegations from female parishioners against St. John the Baptist Church parish administrator Deborah Brown.​
*Vacations at Cape Cod while diocese in crisis.​
"Bishop Malone has taken multiple vacations to Cape Cod, Mass., while the abuse crisis devastated Catholics in the Diocese of Buffalo. …."​
 


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