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IICSA - Benedictine Hearings 28 November 2017

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IICSA - Benedictine Hearings 28 November 2017 IICSA - Benedictine Hearings 28 November 2017 1 Tuesday, 28 November 2017 1 paragraph 22 of his statement, where he says: 2 (10.30 am) 2 "Firstly, I must point out, in the clearest terms, 3 THE CHAIR: Good morning, everyone. Good morning, 3 that canon law is not an alternative or replacement for 4 Ms Karmy-Jones. Would you like to proceed? 4 English law. Canon law is a complementary system to 5 MS KARMY-JONES: Chair, members of the panel, as I indicated 5 English law and it has no role in the primary response 6 yesterday, we are going to begin the evidence today with 6 to allegations of child sexual abuse. 7 some reading to begin to set the English Benedictine 7 "Where an allegation of child sexual abuse is made 8 Congregation and its position within the Roman 8 against a member of the clergy, then the allegation is 9 Catholic Church into context. 9 referred to the police and statutory authorities in the 10 Accordingly, I am going to begin by reading some 10 courts of England and Wales, and the courts of England 11 extracts from a statement of Father Luke Beckett. That 11 and Wales have full and undisputed jurisdiction to deal 12 statement, for those who have it, is available at 12 and to try the allegation in accordance with the 13 Relativity reference AAT000958. 13 criminal law of England and Wales. 14 Statement of FATHER LUKE BECKETT (read) 14 "Equally, where civil proceedings are issued in 15 MS KARMY-JONES: Some passages will be summarised. Those 15 connection with an allegation of child sexual abuse, 16 summarised passages have been given to core participants 16 then English law and the courts of England and Wales 17 in advance of the hearing and agreed, and any requests 17 have full and undisputed jurisdiction to deal with such 18 for the inclusion of further passages have been 18 proceedings. 19 considered and I think all have been accepted. 19 "canon law, at least in England and Wales, and 20 So, to begin, Father Luke Beckett outlines his 20 similarly sound jurisdictions, on the findings of 21 background and his role at Ampleforth. Father Luke 21 the UK's statutory authorities and courts in its 22 Beckett says that he entered Ampleforth Abbey on 22 investigative function, is only supplementary to the 23 27 August 1990 and was ordained as a priest on 23 findings of the court. 24 21 June 1998. 24 "canon law's primary function in replying to 25 Between 2001 and 2007, he was chaplain and later 25 allegations of child sexual abuse is to discipline those Page 1 Page 3 1 deputy head of St Martin's Ampleforth. He moved to Rome 1 convicted, usually by laicization, or to regulate and 2 to study canon law in 2007, returning to Ampleforth in 2 provide rules by which any member of the clergy must 3 2011. 3 live their lives where, for whatever reason, laicization 4 He is Ampleforth's canon lawyer. As a canon lawyer, 4 is either not possible or undesirable. 5 he sits as a judge in the diocesan tribunals for the 5 "It also seeks to provide structures which prevent 6 dioceses of Middlesbrough and Lancaster, as well as 6 future offending, learning from the wrongdoing of 7 acting as an assessor, otherwise known as an adviser, to 7 the past. 8 the president of the English Benedictine Congregation. 8 "In this regard, a simple analogy might be that of 9 He has been a trustee of the Ampleforth Abbey Trust 9 a football player convicted of a criminal offence. He 10 since 2011. He was appointed to the Safeguarding 10 will, in the first instance, be punished by the English 11 Commission in December 2016 as Ampleforth's safeguarding 11 courts, but he then might have a further punishment 12 trustee. In that role, he acts as a liaison between the 12 imposed by his club if he is allowed to return at all. 13 trust and the Safeguarding Commission. 13 "The specific provisions of canon law which are 14 Father Luke has provided a witness statement dated 14 relevant to responding to allegations of child sexual 15 19 October 2017. Chair, you will see that in it he 15 abuse are contained in normae de gravioribus delictis 16 describes in detail his involvement in safeguarding at 16 which translates roughly as 'the norms on grave crimes'. 17 Ampleforth. That evidence will be returned to and read 17 "The relevant provisions are as follows: article 6 18 next week when we look at Ampleforth's institutional 18 makes it an offence in canon law for a cleric to commit 19 response to child protection and safeguarding concerns 19 a sexual act against a minor. A minor is canonically 20 and allegations in more detail. 20 defined as someone under the age of 18 or someone with 21 For the purposes of today, I would like to draw your 21 a mental capacity equivalent to being under the age of 22 attention to Father Luke's evidence regarding those 22 18. 23 provisions of canon law that he considers to be relevant 23 "Article 6 also prohibits the making, acquiring, 24 to child sexual abuse, and in doing so, for those who 24 possessing or distributing of child pornography. 25 have it, I am going to turn to paragraph 13 through to 25 "Article 16 provides that a religious superior must Page 2 Page 4 1 (Pages 1 to 4) DTI www.DTIGlobal.com 8th Floor, 165 Fleet Street (+44)207 4041400 London EC4A 2DY IICSA - Benedictine Hearings 28 November 2017 1 pass any allegation with a semblance of truth to the 1 of child sexual abuse are concerned, and whether and, if 2 Congregation of the Doctrine of the Faith, the CDF. 2 so, to what extent, that has changed over time. 3 "Article 21 provides the CDF with a streamlined 3 He said this at paragraph 23 onwards: 4 process to laicize any cleric convicted of child sexual 4 "The seal of confession is absolute and unbreakable. 5 abuse. 5 Nothing learned in confession can be used or repeated 6 "Additionally, the following provisions of general 6 outside of confession. Neither the penitent nor the sin 7 canon law have relevance: canon 1395 and canon 695. The 7 they have committed can be revealed, nor can any 8 former repeats that it is an offence to commit a sexual 8 ancillary details, such as the penance or whether 9 act against a minor whilst the latter makes the same act 9 absolution was granted, deferred or refused. 10 an offence for religious as well as clerics. In other 10 "Confession is not, to me, something which one can 11 words, monks who have not been ordained. 11 take a view on that can be subject to change over time. 12 "canon 601 is the canonical basis of the authority 12 Confession is one of the pillars of Catholicism that 13 of a religious superior to compel a member of his 13 depends upon an unbreakable vow of trust which has 14 community to act in a particular way. Should the member 14 remained unchanged for centuries, if not millennia. It 15 fail to act in accordance with the superior's command, 15 is a principle of Catholicism that confession is an act 16 then sanctions will follow. This provision acts as the 16 between a penitent and God. The priest is merely the 17 foundation for the preparation of safeguarding plans, 17 conduit. With this in mind, it is simply not open to 18 formerly known as covenants of care and disciplinary 18 a Catholic priest to betray the trust of confession." 19 decrees. 19 He goes on to say that any penitent who sought 20 "canon 703 gives the power to a superior to expel 20 solution for an offence of child sexual abuse would 21 a member from the house where he is living in an 21 almost certainly be told that they would need to report 22 emergency following a serious offence. The exercise of 22 themselves to the police. 23 this power has to be followed up by a process to decide 23 Then he continues to say that if the seal of 24 on a permanent course of action, which could include 24 confession were not absolute, "then I have no doubt that 25 dismissal. 25 many people who might otherwise confess to the gravest Page 5 Page 7 1 "Finally, the constitutions of the English Benedict 1 of crimes would not do so and the opportunity to 2 Congregation compel all English Benedictine ... 2 encourage them to do the right thing would be lost". 3 monasteries to follow state- and church-approved 3 Statement of REVEREND CHRISTOPHER THOMAS (read) 4 safeguarding procedures as a minimum." 4 MS KARMY-JONES: We move then to the next statement, which 5 I should have said, "all English Benedictine 5 is one from Reverend Christopher Thomas, who is general 6 Congregation monasteries": 6 secretary of the Catholic Bishops' Conference of England 7 "This obligation follows a 2013 amendment to the 7 and Wales. 8 constitution over which I presided as chair of the EBC 8 The first statement I am going to summarise is set 9 constitution's revision commission. 9 out on Relativity at CHC000582. It is in your bundles 10 "In conclusion, then, canon law is complementary to 10 at, I think, tab 5/J1 and J2.
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