On Ireland’s proposal for the Seal of Confession

In my column
this week in The Irish Independent I write about the seal of confession issue
and the proposal by the Government to require by law that it be breached when a
confession of child abuse is heard.

As I point
out in the column, laws of this sort are extremely rare and historically laws
requiring the breaching of the seal have been found either in the most
anti-Catholic countries, such as Britain during penal times, or else in
countries extremely hostile to any manifestation of religion, such as the
Soviet Union.

I don’t mention in the column that South
Australia has had a mandatory reporting requirement since 1993, but the law in
that state has an explicit protection for the seal of confession which says a priest or
other minister of religion is not required to “divulge information
communicated in the course of a confession made in accordance with the rules
and usages of the relevant religion”. (For more details click here).

Australia
is not, and never has been, to use the commonly used parlance in this country, ‘deferential’
towards the Catholic Church. For a long time it was a predominantly Protestant
country which is now predominantly secular.

And yet
the South Australia legislature recognised the right of the Catholic Church to
preserve the seal of confession, even when child abuse is confessed.

I note
that an Australian senator, Nick Xenaphon, is proposing that Australia copy the
Irish Government. He seems to have no takers so far.Common sense seems to be at less of a premium in Australia than here.