Sexual Harassment and Abuse

Vincent and Tim are specialist lawyers in the area of sexual abuse and harassment, having dealt with a large amount of cases in recent years involving clerical sexual abuse; the fall out from the Murphy Report, Ryan Report, Ferns Report and most recently the Cloyne Report.

Tim and Vincent Shannon deal with these cases in a sensitive manner and only require you to furnish basic details to establish the nature of the case, and then when you are ready the complete instructions can be given in your own time.

Many of the cases Shannons bring are for psychological or physical injury that occurred many years ago; perhaps when you were a child events occurred which you put out of your mind until the recent reports or events brought the memories back. It is important that you do not delay once you decided to take action as a result of abuse that took place long ago. Once there has not been an inordinate or inexcusable delay then you will be able to proceed. These cases take some time to bring to court but this period of time will enable you to establish a bond of trust with Vincent or Tim Shannon who will be able to present your case having got to know you and the circumstances of the case.

For help and advice, please don't hesitate to contact Tim or Vincent Shannon by calling 01-8401780 or e-mailing vincent@shannons.ie 

Concerns Rise Over New Church Abuse Audits

Many T.D's including Fianna Fail's spokesman for children, Charlie McConalogue, are speaking out and calling for official enquiries following disturbing revelations yesterday. Six audits that were published by the National Board for the Safeguarding of Children in the Catholic Church (NBSCCC) raised many questions and concerns.

Abuse survivors who had made claims against 85 priests since 1975 in the dioceses of Raphoe, Tuam, Kilmore, Dromore, Ardagh and Derry stated that the audits were not thorough enough; they did not name the abusers, interview any abuse survivors or detail how mishandled the allegations were. Seeing as the audits were carried out by the Church owned NBSCCC and were not carried out independently, people questioned how of the 85 priests who had claims against them, only eight were convicted.

In comparison, cases in the dioceses of Ferns, Dublin and Cloyne between the years 1996-2009 were conducted by state commissions.

Colm O’Gorman of Amnesty International Ireland said: "We need to be conscious that these are reports by a body sponsored by the Roman Catholic Church, only published with the approval of the bishops concerned." The Irish Examiner

Victim Martin Gallagher said the audit failed to take account of victims who did not make formal complaints: "We’ve been let down again. The only thing that can be done now is a full state investigation. It took me 10 minutes to read it [the 20-page audit]. It was a joke." The Irish Examiner

The audits were slammed for not being a direct representation and calls for a national assessment, which should be carried out across all dioceses in the country, have been put forward.

However, it has been noted that the latest results are a stepping stone to "improvements in the attitude to and understanding of child protection" says the head of the NBSCCC, Ian Elliot. Elliot went on to say that more audits are to be published next year and audits into every diocese in the country would be completed within the next two years.

Shannons Solicitors is aware of this sensitive subject and has over 30 years experience in dealing with abuse cases that involve the Catholic Church. If you are one of these victims you should contact us now to take legal action on your behalf against the Church so that your suffering will be admitted and compensation will be paid to you. Call Vincent Shannon, Solicitor or Tim Shannon, Solicitor on (01) 840 1780 or email vincent@shannons.ie , or write to us at 29 Main Street, Swords, County Dublin, Ireland, in complete confidence that your case will be dealt with discretely and privately.

Catholic Church – Liable for Abuse by Priests

In a recent English court case a Judge held that the Catholic Church and Senior Bishops can be held legally responsible for sexual abuse by priests.

A decision was given in favour of a 47 year old woman who claims that she was sexually assaulted as a child by a deceased priest.

The woman was a resident of a children’s home run by an order of nuns.

The Judge held that the church “may be vicariously liable”.

This means that by virtue of the relationship between the church, the bishop, and the abusing priest, the church can be held responsible for the actions of the priest, as she was under the care of the church at the time.

This was the first time a court had been asked to rule on whether the relationship between a catholic priest and his bishop is akin to an employment relationship. Clearly the courts in England are ruling towards holding that bishops and the church are responsible for the actions of priests who serve under the bishop and while a member of the church.

The claimant in this case is seeking damages for personal injury. She alleges she was sexual abused and raped by the priest in 2006 when she was a resident at the children’s home. The Judge stated that the priest was appointed by and on behalf of the church and the bishop. He was so appointed in order to do the work of the church and the work of the bishop.

He said it as they who appointed him to the position of trust which (if the allegations be proved) he so abused.

If you or anyone close to you has suffered abuse while under the care of the church, please contact Tim or Vincent Shannon to discuss the matter further, telephone 01 8401780 or email vincent@shannons.ie.

We have a dedicated website:  http://www.raphoe-cloyne-sex-abuse.ie/  which will constantly be updated with latest news and information with regards to Clerical abuse.

Cork boarding school sex abuse claims: HSE launches probe

The Health Service Executive (HSE) is to conduct an investigation into allegations that pupils at a boarding school were sexually abused in the past while it was being run by the Missionaries of the Sacred Heart.

The allegations related to Colaiste an Chroi Naofa in Carraig Na Bhfear, Co Cork, in the 1980s and early 1990s and were highlighted in the Seanad by Senator Mark Daly under parliamentary privilege.

Seven abuse complaints were made by six men and one woman against the school's former principal Fr Donncha MacCarthaigh, who has denied any wrongdoing.
He was a Cork GAA county selector and trainer between 1986 and 2008. In the late 1980s he stepped aside as principal and became a career guidance counsellor in the school. He was put on restricted ministry in the mid-1990s.
Gordon Jeyes, the HSE national director for children and families, announced yesterday it would begin an inquiry.
He said the inquiry would co-operate with the gardai and asked anyone who had any information to come forward.

Minister for Children Frances Fitzgerald and Justice Minister Alan Shatter welcomed the decision.

They were assured that nobody against whom allegations have been made "were currently engaged in any work activities which bring them into contact with children".
Another former teacher at the school, Fr Tadhg Daly, was convicted of 10 sample counts of indecent assault of a 12-year-old former pupil in 1999 and sentenced to three years in prison.
Senator Daly said the first complaint of sexual abuse against Fr MacCarthaigh was in 1986. Although he was put on restricted ministry a decade later, he has been saying Mass and regularly leaves the country wearing a priest's collar.
Under restricted ministry he is to "refrain from being identified as a Roman Catholic priest".
The National Board for Safeguarding Children confirmed it is also investigating the order's child protection policy and handling of complaints.
The school is currently a day co-educational voluntary school attended by 450 pupils. It is run by a board of management representing trustees, parents and staff.

- Eilish O'Regan and Fionnan Sheahan (Irish Independent)

NOTE:  If you are a vicitim and would like to discuss this or any of the other blogs, please feel free to contact Shannons Solicitors at +353-1-8401780 or via www.shannons.ie

Parishes asked to sell houses and fund diocese abuse bill

PARISH priests in a scandal-hit diocese have been told to draw up a list of properties that can be sold to raise funds for child-abuse compensation.

The Irish Independent has learned that the Diocese of Cloyne in Cork is making the move in a desperate bid to shore up its finances.

Buildings that previously housed priests will be put on the market to help pay the looming compensation bill.
The Diocese of Cloyne will also be seeking a voluntary 6pc levy on all gains from the future sales of parish property.
That means that the parish - which normally controls its own finances - will have to hand over a portion of the proceeds from the sale of property to the overall diocese coffers.
The diocese admits it owns little residential property suitable for immediate disposal. But local parishes -- which do have suitable properties - will be asked to consider to consider selling off houses they don't need.
While the sale decision will remain strictly with the individual parishes, this method has been identified as a key factor in restoring diocesan finances.
The bill for compensation claims in the diocese is expected to reach millions of euro.
Last month, a report into child protection in the diocese identified a litany of failings under the watch of former Bishop John Magee. Archbishop Dr Dermot Clifford -- who has been running Cloyne since early 2009 -- admitted it could be years before the diocesan finances fully recovered from the fallout of the scandal.
"There will be a lot of compensation to be paid -- some has already been paid. The resources of the diocese financially will be very low and it will be a big job to rebuild the Diocese of Cloyne," he said.
However, the diocese will face major hurdles in raising the cash because the individual parishes own the properties, and a decision must be taken at local level on whether to sell or not.
And even if they do opt to sell buildings, property prices have fallen by up to 50pc in some parts of Cork.
The diocese's major assets, such as the Bishop's Palace in Cobh, are unsuitable for disposal in the midst of the worst property crisis in Irish history.

The last major property the Diocese of Cloyne was able to sell -- a former clerical house in Killeagh in east Cork -- fetched €240,000 two years ago.

This money was used to
The individual 46 parishes in Cloyne own a great quantity of residential property, including houses formerly used as homes for clergy. Many of these are now surplus to requirements, given the declining number of priests.
The diocese has a catchment area of about 250,000 people with 133 clerics. That is around 60pc of the number clerics it had 20 years ago.
Diocesan spokesman Fr Jim Killeen said the 6pc levy would be aimed at supporting diocesan finances.
"The diocese actually owns very little property (suitable for sale). That is what we will be asking parishes to contribute," he said.
But since 2008, parishes have been extremely reluctant to sell property given the slashed market returns available.
"It is perfectly understandable, after all, the market is pretty difficult at the moment," Fr Killeen added.
Cloyne is the latest diocese to be identified as having had serious child-protection failings in the past following similar damning reports on the dioceses of Ferns and Dublin.
The Archdiocese of Dublin -- which faces more than €13m in compensation payments -- is considering a Mass levy.

But the Irish Independent understands there are no plans for special diocesan Mass collections to support compensation payments in Cloyne.

Any such move would be hugely controversial in the area. Fine Gael TD Tom Barry, who lives in the Diocese of Cloyne, has bluntly warned against this option. Cloyne has to date settled a total of five compensation claims but it now faces at least a dozen more such claims.

- Ralph Riegel

Irish Independent (August 30 2011)

Report on allegations of assault by priests is delayed

A REPORT into sex abuse in the Diocese of Raphoe has been delayed after the man carrying out the investigation asked for more information from church authorities.
The church-run National Board for Safeguarding Children in the Catholic Church (NBSCCC) has spent months carrying out a review of all allegations made against priests in Co Donegal.
The long-awaited report was due to be published by NBSCCC chief executive Ian Elliott at the beginning of September.
But now it is understood the audit will not be made public until October at the earliest.
It is understood Mr Elliott has contacted the church in Donegal seeking further information on certain matters, which has now caused the delay.
However, a spokesman for the board said it could not comment on any aspect of the report until it was published.
When the report is complete it will be forwarded to the Bishop of Raphoe, Dr Philip Boyce, who will decide when to make it public.
The communications director with the Raphoe diocese, Fr Paddy Dunne, said he understood it would be "some time" before the report was released to Bishop Boyce.
Notorious

Raphoe is the sixth of Ireland's 26 dioceses to have an audit into alleged sex abuse by priests carried out.

It contained some of the country's most notorious paedophile priests including Fr Eugene Greene.
Fr Greene was jailed for 12 years in 2000 for the rape and sexual assault of 26 boys but was released in 2008.
Six priests from the Raphoe diocese have so far been brought to justice for their crimes.
The board, which was formed in 2006, was tasked with uncovering the full extent of all complaints or allegations, know- ledge, suspicions or concerns of child sexual abuse, made to the Raphoe diocese by individuals or by the civil authorities in the period of January 1, 1975, to the present day against Catholic clergy.
Its objective will be "to confirm how known allegations have been responded to and what the current arrangements for safeguarding children are" in the diocese.
It is not believed the Raphoe report will feature priests involved in abuse before 1975.
A recent report that claimed "hundreds and hundreds" of victims were abused by up to 20 priests in the diocese was dismissed by Bishop Boyce who said it was simply not true.

- Stephen Maguire

Irish Independent (August 30 2011)

Late Applications to the Redress Board

The board has extended the time limit to submit late applications to the 16th of September 2011.  

The Redress Board was set up under the Residential Institutions Redress Act, 2002 to make fair and reasonable awards to persons who, as children, were abused while resident in industrial schools, reformatories and other institutions subject to state regulation or inspection. The Board, which is wholly independent, is chaired by Sean O'Leary, SC, a retired Circuit Court Judge. All applications for redress are treated in the strictest confidence, and all hearings conducted by the Board are in private.

In bringing a late application for redress there are a number of questions which an applicant should consider in order to meet the requirements of the Board.

When did you first learn of the existence of the Residential Institutions Redress Board? Who advised you of the existence of the Residential Institutions Redress Board? When did you become aware that you were entitled to file a Late Application with the Residential Institutions Redress Board? The Redress Board carried out an extensive advertising campaign between the period December 2002 and December 2005 The Redress Board held twelve information dates throughout England in 2004 as well as placing advertisements in Sunday Newspapers, Daily Newspapers and publications aimed specifically at the Irish Community in the United Kingdom. Did you attend any or these or were you aware of them? In addition the Redress Board arrange for the distribution of seven and a half thousand leaflets to the Network of Irish Societies. The Redress Board also placed advertisements in selected Newspapers in the United Kingdom highlighting each Ministerial Order which added to the Institutions listed in the Schedule of the Residential Institutions Redress Act 2002. It also placed advertisements in selected United Kingdom Publications advising Applicants of the closing date for receipt of Applications being the 15th of December 2005. Did you read any of these? Did you observe any of the advertisements placed by the Redress Board ? Have you any involvement with the Irish Community in your country of resident and in particular if you are affiliated to any of the Irish Clubs and/or Societies? Have you any extended family currently living in Ireland and if so whether you are in regular and/or ongoing contact with them? What contact which you have with any extended family living in Ireland between the period of December 2002 to date? Have you returned to Ireland on a regular basis and if so how often you may have returned to Ireland between the period December 2002 - 2005? Have you made any return since December 2005 to date? In the event that you did return to Ireland during the period of December 2002 - 2005 how often you returned and the duration of your stay on each return visit? Why did you not file a Late Application with the Board on or before the 15th of December 2005 and what exceptional circumstances prevented you from making an Application on or before that date? Why you have not filed a Late Application with the Board since December 2005 to date and what if any are the exceptional circumstances which exist in respect of you filing an Application at this time? These are the issues any late application must address. Applications must be made on affidavit & for that reason we suggest you consult a solicitor with expertise in this area. Other factors such as literacy difficulties, illnesses and remoteness of the applicant from Ireland can also be bourne in mind.