Tim Hazelwood, ACP Leadership Team: Care of Priests – A Priest’s File
A fact many people might not be aware of is that each priest has a file kept on him. It is retained by his diocese or his religious congregation. A file about what, you might ask. Well, most of us if asked about our file would say that we don’t know what’s in it and we’re reluctant to ask in case we mightn’t like it. We’re happy to live in ignorance and that is how most in authority like to keep us.
I became interested in ‘my file’ after a proven-to-be-false-allegation was made against me. The case concluded (as I thought) after I took a civil case against my accuser. A full admission was an acceptance that there was no truth in the allegation – that I had no case to answer.
Afterwards I was unhappy with the way the diocese and its agents had handled the case and following talks with the Bishop and the Child Protection Officer it was agreed that an enquiry be conducted by suitably qualified independent experts. Terms of reference were agreed. I asked for a copy of the file held by the diocese which would form the bulk of the information so that it would help those doing the investigation to do their job.
I got a terrible shock when I was given the file. Whole sections of the file were redacted, and all names were redacted. What remained were pages of black ink, of no use for the enquiry. Thankfully one of the most important people involved agreed to cooperate and this allowed for a limited enquiry to take place.
Ever since then I have taken an interest in ‘my file’. I now know that the purpose of the file is meant to help the Bishop/Superior to exercise his legal and pastoral responsibilities through oversight of the priest’s ministry, deciding on suitability to positions, etc. But also, to deal with ‘any issues that arise in the course of ministry’.
The file includes personal contact details, details of ministry status, previous appointments, Garda vetting, etc., and also ‘correspondence from individuals regarding the priest or with regard to his ministry’. I learned also that it is the Bishop’s/Superior’s secretary in conjunction with the Bishop/Superior who decides what goes into the file.
To try and learn more I have been in contact with the Diocesan Data Protection Officer and I have learned:
1. Priests are kept in the dark about their data and how the whole process works.
2. Often no investigation/process happens when a letter of complaint is sent unless the Bishop decides to take action. It remains in the file and unless a priest asks to see it nothing happens.
3. The onus is on the priest, whose data it is, to ask for the data and to have alterations made to it, if necessary. In many cases he may not even be informed about the letter.
4. Those who write letters and sign them are protected with anonymity.
5. Anonymous letters and complaints are kept.
Recently, some letters of complaint about me were sent to my diocese. I requested copies and received the redacted version. All names and parts of the material were covered. I sent one of the letters to a solicitor. He was in no doubt that I was defamed and would have a very strong case if taken to court. I informed the Data Protection Officer that I was defamed. Her response was how could I be as they do not disclose the information to anyone. Yet, clearly, the whole intention of the letter was to influence the Bishop!
All of this is in sharp contrast with the way complaints are dealt with in Catholic Primary Schools. A process, agreed by the CPSMA, an agent of the Bishops’ Conference, allows the teacher to be informed of the complaint and its author. An agreed investigation is held by the school including the involvement of both sides and it continues until a final decision is made. Likewise, the Labour Relations Commission gives specific guidelines to employers and employees (similar to Primary Schools) as to how complaints are investigated. Why are priests treated differently?
Legality, equity and transparency are supposed to be at the core of the principles of data protection in Ireland. In the case of priests, it seems these principles do not count.
This issue has consequences for many priests. Reports from priests to the ACP indicate that with parish restructuring and reductions in Masses it is not the Bishop who gets the blame but the man on the ground. “Why can’t he do the work? We always had daily Mass.” The local priest gets the blame. The Bishop receives the letter of complaint and files it in the priest’s file. And we’re back where we started without the true context of the complaint.
And what becomes of this information into the future? There are no guarantees that it will remain confidential. In fact, there is a strong possibility that these unprocessed documents will enter into the public domain when the priests have passed away resulting in their reputations being tarnished in death.
Not to mention Canon 384 where it states that the Bishop is obliged to defend the rights of his priests…
This is a truly shocking situation,I am appalled!! a) that it exists, b) that it and the relevant gentleman – as there are no women involved – are treated in such an unchristian fashion. Where is the Love of God in all this?