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Barriers to Truth Recovery in the Aftermath of Institutional Child Abuse in Ireland
An Inconvenient Truth: Barriers to Truth Recovery in the Aftermath of Institutional Child Abuse in Ireland McAlinden, A-M. (2013). An Inconvenient Truth: Barriers to Truth Recovery in the Aftermath of Institutional Child Abuse in Ireland. Legal Studies, 33(2), 189-214. https://doi.org/10.1111/j.1748-121X.2012.00243.x Published in: Legal Studies Document Version: Peer reviewed version Queen's University Belfast - Research Portal: Link to publication record in Queen's University Belfast Research Portal General rights Copyright for the publications made accessible via the Queen's University Belfast Research Portal is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The Research Portal is Queen's institutional repository that provides access to Queen's research output. Every effort has been made to ensure that content in the Research Portal does not infringe any person's rights, or applicable UK laws. If you discover content in the Research Portal that you believe breaches copyright or violates any law, please contact [email protected]. Download date:24. Sep. 2021 Legal Studies, 2012 DOI: 10.1111/j.1748-121X.2012.00243.x An inconvenient truth: barriers to truth recovery in the aftermath of institutional child abuse in Irelandlest_243 1..26 Anne-Marie McAlinden* School of Law, Queen’s University Belfast, Northern Ireland Contemporary settled democracies, including the USA, England and Wales and Ireland, have witnessed a string of high-profile cases of institutional child abuse in both Church and State settings. -
'Time to Hear'
‘Time to Hear’ Submission to Cumberlege Commission October 2006 From MACSAS ‘Minister & Clergy Sexual Abuse Survivors’ If this is not a place where tears are understood Where can I go? If this is not a place where my spirit can take wing Where do I go to fly? If this is not a place where my questions can be asked Where do I go to seek? If this is not a place where my feelings can be heard Where do I go to speak? If this is not a place where you will accept me as I am Where can I go to be? If this is not a place where I can try to learn and grow Where do I just be me? Attributed to William J Crockett 1 Introduction MACSAS is a National and Interdenominational support group run by Clergy Abuse Survivors for Clergy Abuse Survivors, whether sexually abused as children or as adults. It has been in operation for eight years and was formally constituted last year. We are working towards charitable status. We are entirely funded by donations. We have a newsletter which is published three times a year. Survivors write to us for help as there is as yet no help line or website. We have recently applied for lottery funding for this. We are not funded by any Church, indeed receive no donations from Church leadership. The MACSAS committee comprises, (we are all sexual abuse survivors): Margaret Kennedy – Chair/Founder. A Specialist trainer and consultant on disability and abuse. Helen Charlton – Treasurer, and fundraiser who is a Complimentary therapist. -
Crime (International Co-Operation) Act 2003
Source: http://www.legislation.gov.uk/ukpga/2003/32 Crime (International Co-operation) Act 2003 2003 CHAPTER 32 An Act to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland; and for connected purposes. [30th October 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 MUTUAL ASSISTANCE IN CRIMINAL MATTERS CHAPTER 1 MUTUAL SERVICE OF PROCESS ETC. Service of overseas process in the UK 1Service of overseas process (1)The power conferred by subsection (3) is exercisable where the Secretary of State receives any process or other document to which this section applies from the government of, or other authority in, a country outside the United Kingdom, together with a request for the process or document to be served on a person in the United Kingdom. (2)This section applies— (a)to any process issued or made in that country for the purposes of criminal proceedings, (b)to any document issued or made by an administrative authority in that country in administrative proceedings, (c)to any process issued or made for the purposes of any proceedings on an appeal before a court in that country against a decision in administrative proceedings, (d)to any document issued or made by an authority in that country for the purposes of clemency proceedings. -
Clerical Child Sexual Abuse in the Catholic Church of England and Wales: a Commentary of Child Safeguarding (Cumberlege Commission, 2007)
University of Massachusetts Amherst ScholarWorks@UMass Amherst CIE Materials and Commentaries Center for International Education 2020 Clerical Child Sexual Abuse in the Catholic Church of England and Wales: A Commentary of child safeguarding (Cumberlege Commission, 2007) Faisal Rashid Ian Barron Follow this and additional works at: https://scholarworks.umass.edu/cie_materials cCSA CATHOLIC CHURCH E&W 1 Clerical Child Sexual Abuse in the Catholic Church of England and Wales: A Commentary of child safeguarding (Cumberlege Commission, 2007) Faisal Rashid Federal Government, Karachi, Pakistan Ian Barron University of Massachusetts Faisal Rashid is an academic researcher on clerical child sexual abuse and historical origins of Christianity and Islam; who has focused on the protection of children, families and communities. He currently works as a management/investigative professional with the Federal Government and is based in Karachi, Pakistan. Dr. Ian Barron is a professor in the College of Education and the Director of the Center for International Education, University of Massachusetts, USA and the International Center for Child Trauma Prevention and Recovery, Ramallah, Occupied Palestine. Acknowledgements Liat Shapiro, University of Massachusetts for proof reading and review of the reference list Contact details Professor Ian Barron University of Massachusetts Montague House, Center for International Education, College of Education Email: [email protected] Phone : +1-413-545-0465 cCSA CATHOLIC CHURCH E&W 2 Abstract This commentary conducts a review of the child protection management mechanisms developed within the Catholic Church of England and Wales in light of the recommendations made by the Cumberlege Commission (2007). The commentary examines the performance of these mechanisms in order to identify shortcomings and suggest improvements and specifically analyses the response of ecclesiastical administrative authorities to the principle of ‘paramountcy of child safety’ as guaranteed in the Children Act 1989/2004 and Human Rights Act 1998. -
Twentieth Annual Report 1984-85
Scottish Law Commission (SCOT. LAW COM. No. 98) TWENTIETH ANNUALREPORT 1984-85 Laid before Parliament by the Lord Advocate under Section 3(3) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 20th November 1985 EDINBURGH HER MAJESTY'S STATIONERY OFFICE £4.90 net 20 The Scottish Law Commission was set up by section2of the Law Commissions Act 1965 for the purpose of promoting the reform of the law of Scotland. The Commissioners are: The Honourable Lord Maxwell, Chairman, Mr. R. D. D. Bertram, W.S., Dr. E. M. Clive, Mr. J. Murray, Q.C., Sheriff C. G. B. Nicholson, Q.C. The Secretary of the Commission is Mr. R. Eadie. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. ISBN 0 10 202086 8 SCOTTISH LAW COMMISSION REPORT FOR THE YEAR ENDED 15TH JUNE 1985 To: The Right Honourable the Lord Cameron of Lochbroom, Q.C., Her Majesty's Advocate In accordance with section 3(3) as read with section 6(2) of the Law Commissions Act 1965, as amended,' we have the honour to submit this the Twentieth Annual Report of the Scottish Law Commission. (Signed) PETER MAXWELL, Chairman R. D. D. BERTRAM E. M. CLIVE JOHN MURRAY GORDON NICHOLSON R. EADIE, Secretary 2 September 1985 'Transfer of Functions (Secretary of State and Lord Advocate) Order 1972 (S.I. 1972, No. 2002). ... B 111 TWENTIETH ANNUAL REPORT CONTENTS Paragraph Page PREFACE . ix PART I GENERAL SURVEY OF THE PAST YEAR . 1.1 1 Our report on diligence and debtor protection . 1.1 1 Reports and consultative documents published . -
Fourteenth Report: Draft Statute Law Repeals Bill
The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the Law. The Law Commissioners are- The Honourable Mr. Justice Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman .. Dr E.M. Clive Professor P.N. Love, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsferry, Q.C., Her Majesty's Advocate. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it. -
1. General Background
By Professor Nigel Lowe, Sarah Armstrong and Anest Mathias* of the Centre for International Family Law Studies, Cardiff Law School, Wales, United Kingdom. 1. GENERAL BACKGROUND The United Kingdom comprises three distinct jurisdictions, England and Wales, Scotland and Northern Ireland.1 In all jurisdictions of the UK, a common law system operates, however, the majority of child law is governed by statute. The Family Law Act 1986, deals primarily with jurisdiction, recognition and enforcement of orders and powers among the legal systems within the UK, and the jurisdiction of the courts in respect of children in an international context. In England and Wales, the main statute affecting child law is the Children Act 1989. In Scotland, the principal legislation dealing with children issues is the Children (Scotland) Act 1995. In drafting this Act, the legislature clarified the issue of custody rights with regard to Scottish law, recognising that under the Convention, it is essential to know the scope of such rights.2 Some of the common law and statutory remedies existing prior to the Act also remain. In Northern Ireland, family law is primarily governed by the Children (Northern Ireland) Order 19953 which came into force in 1996. Jurisdiction, recognition and enforcement issues in the UK, as in other EU States,4 have been complicated by the Brussels II Regulation5 which came into force on 1 March 2001 and which has priority over the Family Law Act 1986. 1.1 IMPLEMENTATION OF THE CONVENTION The UK ratified the 1980 Hague Convention on the Civil Aspects of International Child Abduction on behalf of its jurisdictions on 1 August 1986 when the Child Abduction and Custody Act 1985 (the 1985 Act), came into force. -
Modernising English Criminal Legislation 1267-1970
Public Administration Research; Vol. 6, No. 1; 2017 ISSN 1927-517x E-ISSN 1927-5188 Published by Canadian Center of Science and Education Modernising English Criminal Legislation 1267-1970 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: April 2, 2017 Accepted: April 19, 2017 Online Published: April 27, 2017 doi:10.5539/par.v6n1p53 URL: http://dx.doi.org/10.5539/par.v6n1p53 1. INTRODUCTION English criminal - and criminal procedure - legislation is in a parlous state. Presently, there are some 286 Acts covering criminal law and criminal procedure with the former comprising c.155 Acts. Therefore, it is unsurprising that Judge CJ, in his book, The Safest Shield (2015), described the current volume of criminal legislation as 'suffocating'. 1 If one considers all legislation extant from 1267 - 1925 (see Appendix A) a considerable quantity comprises criminal law and criminal procedure - most of which is (likely) obsolete.2 Given this, the purpose of this article is to look at criminal legislation in the period 1267-1970 as well as criminal procedure legislation in the period 1267-1925. Its conclusions are simple: (a) the Law Commission should review all criminal legislation pre-1890 as well as a few pieces thereafter (see Appendix B). It should also review (likely) obsolete common law crimes (see Appendix C); (b) at the same time, the Ministry of Justice (or Home Office) should consolidate all criminal legislation post-1890 into 4 Crime Acts.3 These should deal with: (a) Sex crimes; (b) Public order crimes; (c) Crimes against the person; (d) Property and financial crimes (see 7). -
Roman Catholic Church Case Study: Archdiocese of Birmingham
The Roman Catholic Church Case Study: Archdiocese of Birmingham Investigation Report June 2019 2019 The Roman Catholic Church Case Study: Archdiocese of Birmingham Investigation Report June 2019 A report of the Inquiry Panel Professor Alexis Jay OBE Professor Sir Malcolm Evans KCMG OBE Ivor Frank Drusilla Sharpling CBE © Crown copyright 2019 The text of this document (this excludes, where present, the Royal Arms and all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as Crown copyright and the document title specified. Where third‑party material has been identified, permission from the respective copyright holder must be sought. Any enquiries related to this publication should be sent to us at [email protected] or Freepost IICSA INDEPENDENT INQUIRY. This publication is available at https://www.iicsa.org.uk/reports CCS0519276634 06/19 Printed on paper containing 75% recycled‑fibre content minimum. Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office. The following corrections were made to the report on 23 July 2019: Page 17: clarification of language – ‘anally rape’ changed to ‘sexually abuse’. Contents Executive Summary i Part A: Introduction 1 A.1: The background to the investigation 2 A.2: Scope of the investigation 3 A.3: Procedure adopted by the Inquiry 4 A.4: Terminology 5 Part B: The Archdiocese of Birmingham 7 B.1: The structure of the -
Child Abduction Act 1984
Changes to legislation: There are currently no known outstanding effects for the Child Abduction Act 1984. (See end of Document for details) Child Abduction Act 1984 1984 CHAPTER 37 An Act to amend the criminal law relating to the abduction of children [12th July1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Commencement Information I1 Act wholly in force at 12.10.1984 see s. 13(2) PART I OFFENCES UNDER LAW OF ENGLAND AND WALES 1 Offence of abduction of child by parent, etc. (1) Subject to subsections (5) and (8) below, a person connected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent. [F1(2) A person is connected with a child for the purposes of this section if— (a) he is a parent of the child; or (b) in the case of a child whose parents were not married to[F2, or civil partners of,] each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or (c) he is a guardian of the child; or [ he is a special guardian of the child; or] F3(ca) (d) he is a person [F4named in a child arrangements order as a person with whom the child is to live; or] 2 Child Abduction Act 1984 (c. -
Insidetime Links Click Here for Recent Changes/Additions to Library
insidetime the national newspaper for prisoners and detainees Botley Mills, Botley, Southampton, Hampshire SO30 2GB Tel: 0844 335 6483 www.insidetime.org LIBRARY INDEX INDEX TO FACTSHEETS AND OTHER DOCUMENTS www.insidetime.org Index up-dated: - No 51 13 November 2014 Approximate number of items in Library = 4,135 1 insidetime the national newspaper for prisoners and detainees Botley Mills, Botley, Southampton, Hampshire SO30 2GB Tel: 0844 335 6483 www.insidetime.org LIBRARY INDEX INDEX TO FACTSHEETS AND OTHER DOCUMENTS Alphabetical list of documents - Text in red shows Library Section Many documents are cross referenced to aid searching Using this Index you can download older documents not listed in website list All documents are hosted on our website Click on title (blue text) to download document directly from our website Scroll down to listing or use hyperlinks below A B C D E F G H I J K L M N O P Q R S T U V W X Y Z SPECIAL SECTIONS Click Here for Immigration Removal Centres Click Here for Inside Time Back Issues Click Here for Inside Time Archive Click Here for Statistics (Documents) Click Here for Annual Reports / Business Plans Click Here for Prisoner Information Books Click Here for Prison Service Orders Click Here for Prison Service Instructions Click Here for Service Level Agreements Click Here for Probation Circulars & Instructions Click Here for Scottish Prison Service Directions Click Here for Scottish Public Service Ombudsman Click Here for IMB Reports Click Here for Prison Inspection Reports Click Here for Prison Inspection -
House of Commons Wednesday 17 June 2020 PUBLIC BILL COMMITTEE
1 House of Commons Wednesday 17 June 2020 PUBLIC BILL COMMITTEE New Amendments handed in are marked thus Amendments which will comply with the required notice period at their next appearance DOMESTIC ABUSE BILL NOTE This document includes all amendments tabled to date and includes any withdrawn amendments at the end. The amendments have been arranged in accordance with the Order of the Committee [4 June 2020]. Peter Kyle Jess Phillips NC25 To move the following Clause— “Repeal of provisions about defence for controlling or coercive behaviour offence” In section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship), omit subsections (8) to (10) (which make provision for a defence in proceedings for an offence under that section).” Member’s explanatory statement This new clause seeks to repeal the ‘carers’ defence’ for the offence of controlling or coercive behaviour in intimate or family relationships. 2 Public Bill Committee: 17 June 2020 Domestic Abuse Bill, continued Jess Phillips NC26 To move the following Clause— “Publish statutory standards It is the duty of the Home Secretary to consult on and publish statutory standards in furtherance of section 33(2)(b) within 12 months of royal assent to this act, and to review these standards at least once every 3 years.” Member’s explanatory statement This new clause is contingent upon Amendment 51 and seeks to ensure that all interventions designed to address abusive behaviour, that are imposed by DAPO’s, are of a quality assured standard,