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In Unheard Story, Fr Padraig McCarthy rightly highlights shortcomings in legal-political-media processes like the Dublin Archdiocese Commission of Investigation. The future wellbeing of children demands that the spotlight be shone on all equally. But there is no getting away from the fact that in Ireland and Australia, the reported instances of child sexual abuse has been greater in the Catholic Church than in other churches.
The Government's vilification of people arriving by boat has reached the level where the term 'illegal' features in the Budget documents. Immigration Minister Morrison has insisted on referring to people arriving by boat as 'illegals' for some years, despite the Migration Act using the less pejorative term 'unlawful non-citizen'. This is not just a lawyer's linguistic debate; if it were not important, the Government would not insist on the term.
I write to defend Cardinal Pell in the wake of Elizabeth Farrelly's claim in the Fairfax press that Pell, when appearing before Justice McClellan at the Royal Commission, proposed a 'priestly child abuse insurance scheme'. Pell is not one of my fans, and neither am I one of his. But I think Farrelly has unfairly kicked him when he is down, and muddied the waters about what is a critical issue for the victims of child sexual abuse.
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
How ironic that, even as Attorney General Brandis ensures the rights of 'bigots', the rest of us find our own rights under threat. Liberal state governments continue to roll out laws that affect the more marginalised and less privileged among us. Victoria's new 'anti-protest' laws and Queensland's 'anti-bikie' laws threaten public protest and assembly, which for most of us is how we exercise our freedom of expression.
Damage was done to the reputations of Pell's secretary Dr Michael Casey, and to the solicitors from the his chosen legal team Coors, who would have heard clearly the warning of Justice McClellan that saying they were following their client's instructions would be no defence. There is the damage done to the Australian Church as a whole, and, of course, the damge to Pell himself. This is not how he wanted his reign in Sydney to end.
As an institution, the Catholic Church has been dragged kicking and screaming. Cardinal Pell has been put through the wringer, though admittedly nowhere near to the same extent as was John Ellis when the Church decided to unleash the legal attack dogs on him in litigation which was euphemistically described as vigorous and strenuous.
'Three decades on, Queensland once again has a premier who finds some political advantage in skewing the balance between law and order, impugning the integrity and vocation of the legal profession. He has described defence lawyers as hired guns.' Professor Frank Brennan SJ addresses the Queensland Law Society Dinner, 30 years on from his book Too Much Order with Too Little Law.
Kevin Rudd says we need a 'new politics' or a 'new way'. Tony Abbott says we'll only get a new way by electing a new government. What is missing in both statements is the recognition that what we actually need is a new kind of economic democracy: a reconfiguration of our economic prioritising away from individualism towards the common good, and towards the participation of all rather than the exclusion of many.
The Catholic Church hierarchy now seems more prepared to admit institutional and personal failures prior to 1996. They are yet to admit the pervasive, closed clericalist culture which infected the Church until at least 1996, but that will come. Let's hope that the Victorian police can also now move forward admitting past mistakes without manufacturing excuses which do not withstand the contemporary spotlight.
If the Catholic Church is mentioned frequently in the report of the Victorian parliamentary inquiry into the sexual abuse of children, Catholics and their leaders can hardly complain. Among the churches scrutinised by the committee, only the Salvation Army has an even remotely comparable record of abuse. The Napthine Government should implement the inquiry's recommendations — with one exception.
'Having thrown off the shackles of compulsion endured by pre-Vatican II Catholics, we relish that we come to the table not because we are forced, not because of social expectations, not because of the mindset of the mob, but because we are graciously called and freely responding.' Frank Brennan's Camino Address, Parish of Our Lady of the Way North Sydney, 12 November 2013
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