Acta Apostolicae Sedis - Commentarium Officiale692

ing the great difficulties and complexities faced by the Bishops in confronting

the disciplinary aspects of child sexual abuse, wanted to ensure that the

application of the measures contained in the Framework Document would

not undermine the Bishops' efforts to discipline those guilty of child sexual

abuse in the Church. As has been explained above (part b), the question of

recognitio did not arise, nor was it necessary, given that all the Bishops and

Religious Superiors in Ireland had agreed to accept and apply the guidelines

of the Framework Document. The lack of recognitio did not in any way under-

mine the application of the Framework Document, especially in the context of

the Holy See's decision in 1996 to extend to Ireland special provisions al-

ready granted to the Bishops of the United States in 1994. (This matter will

be presented in detail in Part Six of this Response).

It is worth noting that these provisions, and other specific measures in-

troduced by the Holy See throughout the 1990s and up to the current time

led to the development of more comprehensive norms. They also resulted in

the simplification of procedures, based on the developing best practices and

suggestions of Bishops in various parts of the world.

Thus, the Congregation's response of January 1997 to the Framework

Document was intended as an invitation to the Bishops to re-examine the

document carefully, bearing in mind as well that certain difficulties might

come to light only in the course of its concrete application.

(d) Cooperation with the civil authorities

With regard to civil law, the Framework Document correctly states that

"A Church response to child sexual abuse by priests and religious must accord

with the legal framework in society for the investigation and prosecution of

criminal offences and for ensuring the protection and welfare of children. It is

vital that Church authorities, and in particular those responsible for implement-

ing procedures in dioceses and institutes of consecrated life or societies of apos-

tolic life, act in a spirit of cooperation with the civil authorities in their local

area" (p. [14]).

In its response to the Framework Document, the Congregation for the

Clergy expressed reservations about mandatory reporting. At the outset, it

should be pointed out that this response should not be construed as implying

that the Congregation was forbidding reporting or in any way encouraging

individuals, including clerics, not to cooperate with the Irish civil authorities,

let alone disobey Irish civil law. It should be borne in mind that, without ever