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As a result of the pandemic, like other religious observances, the availability of the Sacrament of Penance has been drastically curtailed, and it is unlikely that recourse to the sacrament will be as frequent as previously even when the restrictions are lifted. Further, the confidence of the laity in the inviolability of the seal has, understandably, been undermined, a consequence of which may again be that recourse to the sacrament will be in decline.
Victoria's government has promised legislation to force religious ministers to report information about child sexual abuse received in Confession, and called a royal commission after revelations a lawyer breached the professional duty of confidentiality to clients. The implications of these breaches of confidentiality deserve reflection.
There is no way I would want to defend a seal of the confessional so widely drawn as that defined by Archbishop Anthony Fisher. However, I do think there is a case for respecting the seal of the confessional tightly defined as done by the canonist Fr Ian Waters. But to do that, the Church would need to get its act together.
Canon law, not usually a household term, has come into the public eye of late, especially in the wake of the Royal Commission into Institutional Responses to Child Sex Abuse. Given this newfound prominence, it seems a good time to have a look at what canon law is — and what it isn't.
The arguments for exemption ignore or deny the harm to children that can arise from failure to report. They claim the law would be ineffective because few paedophiles go to confession, and might not confess if the seal did not apply. Such conjectural arguments ignore the basic principle that all harm to a child must be forestalled.
I suspect the royal commission will recommend the seal of confession should no longer remain absolute. I also know that all priests of my acquaintance will rather go to jail than violate the seal. I cannot then see that such a move will be anything but unproductive. Perpetrators will be less likely to go to confession and priests will go to jail.
The Royal Commission into Institutional Responses to Child Sexual Abuse has published a 2000-page three volume Criminal Justice Report. One of its recommendations is that the states and territories 'create a criminal offence of failure to report targeted at child sexual abuse in an institutional context'.
Make no mistake, our church leaders are not yet out of the blaze of the headlights. They don't have all the answers, not even in relation to matters peculiarly within their jurisdiction. Despite being put on notice, our most senior bishops could not even agree on the limits of the seal of the confessional and on what a priest should do if abuse were reported in the confessional by a child. It's not just our past leaders who needed help. Our present leaders also do.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
Listening to the media and our church leaders in recent days, we know that there is plenty of darkness ahead for our Church in the weeks ahead with the Royal Commission's so-called 'Catholic wrap-up'. We're told that the statistics will be terrible and we expect that some of our church leaders will appear, looking stunned and helpless. This morning, I think we need to reflect on these stark realities in the light of the scriptures. And this can be done only by holding the victims clearly in focus.
One distinctively Catholic practice is personal confession in which an individual confesses to God their sins and seeks forgiveness in the presence of and at the hands of a priest. Some groups and individuals are proposing to the royal commission that the seal of the confessional no longer be inviolable. I was quoted in The Australian saying, 'If a law is introduced to say that a priest should reveal a confession, I'm one of those priests who will disobey the law.' Being also a lawyer, let me explain.
It is inconceivable that Catholic authorities would countenance the state interfering in the sacramental life of the Church. And any attempt to do so would quickly turn into an issue of freedom of religion. If the Royal Commission were to go down that path it could quickly find it had bitten off much more than it can chew.
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