Advisory Committee

The Advisory Committee prescribed by the global (PSP Art. 9) and regional (RSP Art. 12-13) safeguarding policies of the Prelature to advise the Vicar when consulted on a case and to review safeguarding policies.

Apostolic nuncio

This is the title for an ecclesiastical diplomat, being an envoy or permanent diplomatic representative of the Holy See to a state or international organisation. A nuncio is appointed by and represents the Holy See, and is the head of the diplomatic mission, called an Apostolic Nunciature.

Binding over order

Magistrates can "bind over" a person to be of good behaviour or to keep the peace. This may happen where the case involves violence or the threat of it. Sometimes the prosecution will drop such a charge if the defendant agrees to be "bound over" in this way.

Canon law

In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the Church’s hierarchical authorities to regulate its internal organisation and government, and to order and direct the activities of Catholics toward the mission of the Church.

Canon lawyer

A canon lawyer is an appropriately trained and qualified practitioner of canon law. His/her responsibility is to advise people about their rights and responsibilities under canon law.

Child

Anyone below the age of eighteen years.

Child Safeguarding Statement

A Child Safeguarding Statement is a written statement that specifies the relevant service being provided and the principles and procedures to be observed to ensure, as far as practicable, that a child availing of the service is safe from harm. 

It also includes an assessment of risk of harm to a child while availing of the service and specifies the procedures in place to manage any identified risks.

The Children First Act 2015, Section 11, requires providers of a relevant service to assess risks, prepare a Child Safeguarding Statement, circulate it to all staff, display it [“in a prominent place where the relevant service concerned ... is provided”] and make it available on request to parents, guardians, Tusla and members of the public.  

Children First

Children First: National Guidance for the Protection and Welfare of Children, 2017 Edition, is given statutory force in the Children First Act 2015. The Children First public policy in Ireland relates to (a) the recognition of child abuse and neglect, (b) the reporting of same to Tusla, and (c) the guidance and best practice which organisations should adhere to, to keep children safe while availing of their services.

Children with specific needs

This term is used to cover the specific, or unique, out-of-the-ordinary concerns created by a child’s medical, physical, mental or developmental condition or disability. Additional services are usually needed to help a person in one or more of the following areas (among others): thinking, communication, movement, getting along with others, and taking care of oneself.

Church authority

This term does not appear in canon law. It can refer to the leader of the Church body, usually the bishop or provincial, or the senior administrative authority of a lay organisation or ecclesial movement. This term includes (while in office) abbot, abbess, archbishop, cardinal, congregational leader, diocesan administrator, prior, prioress, province leader, regional, superior, and unit leader.

Church body

Canon law contains many distinctions between the types of Church organisations and bodies that have developed over the life of the Catholic Church. It would be impractical to include all of these when referring to an element of the Church that has a child safeguarding responsibility. In this document, the term ‘Church bodies’ is used as shorthand to include all of those constituent members of the Catholic Church in Ireland who hold a memorandum of understanding with the National Board for Safeguarding Children in the Catholic Church in Ireland (NBSCCCI). A full list is provided of the website of the NBSCCCI.

Church personnel

This term is used to define those who work (voluntarily or paid) for the Church body. This includes clergy, male and female religious, all in formation for priesthood and religious life, staff and volunteers.

Cleric

One who is ordained in sacred ministry in the Church. Clerics include deacons, priests and bishops.

Collecting the proofs

As defined in Canon 695, this is part of the process of dismissal, to gather facts on the imputability of the offence.

Complainant

This is a term used to describe a person who has made an allegation of abuse.

Constituent member

Means the twenty-six dioceses of the Roman Catholic Church on the island of Ireland, members of the Conference of Religious in Ireland and members of the Irish Missionary Union, and such other congregations, organisations, associations, ecclesial movements or prelatures on the island of Ireland with the prior agreement of the members of the NBSCCCI, to the extent any such foregoing body has agreed to adhere to the memorandum of understanding.

Credible allegation

The term ‘credible allegation’ is an allegation of sexual abuse of a minor that, following an initial evaluation of the facts and circumstances, has at least the semblance of truth or at least seems true. [The United States Conference of Catholic Bishops and the Canon Law Society of America, Canonical Penal Procedures (2010)]

Decree

A singular decree is an administrative act issued by a Church authority, in which a decision is given or a provision is made under a case according to the norms of law.

Delegated person

The person appointed by the Church authority to carry out the preliminary investigation and various parts of the canonical process where an allegation of abuse has been made about an ordained member of the Church.

Delict

A crime in canon law. This is an external violation of a law or precept, gravely imputable by reason of malice or negligence.

Designated Liaison Person (DLP)

The person appointed by the Church authority to liaise with the statutory authorities regarding child safeguarding suspicions, concerns, knowledge or allegations. (see role description in NBSCCCI Guidance Appendix A).

Documentation relating to civil process

This can include a range of information in relation to an investigation by the statutory authorities against a respondent. This may include references to all correspondence involved in the process – both interparties and intraparties. It may also include court documents, newspaper clippings, solicitors’ court attendance notes, and social services records that have been released to the Church authority.

Effective practice

Effective practices are accessible; they identify and respect the rights of service users; are client centred; are delivered by trained and committed staff; are well managed; and are shown through regular evaluation to have positive outcomes for the people being served.

Faculty

In canon law, a faculty is the authority, privilege or permission to perform an act or function.

In Ireland

For the purposes of these policy documents, the term ‘in Ireland’ includes Northern Ireland and the Republic of Ireland. If the term ‘Northern Ireland’ or ‘Republic of Ireland’ is used, it is in relation to something that is only applicable to that specific jurisdiction.

Incardination

Every cleric must be incardinated in a particular Church, in a personal prelature, or in an institute of consecrated life or society that has this faculty. Accordingly, acephalous or ‘wandering’ clergy are by no means to be allowed. [Canon 265]

Interim management plan

A plan put in place with the respondent during the process of investigation of an allegation of abuse by the Church and statutory authorities.

Mandated Persons

Mandated persons (specified in Schedule 2 of the Children First Act 2015) are people who have contact with children and/or families and who, because of their qualifications, training and/or employment role, are in a key position to help protect children from harm.  

S. 14 of the Children First Act 2015 provides that "where a mandated person knows, believes or has reasonable grounds to suspect, on the basis of information that he or she has received, acquired or becomes aware of in the course of his or her employment or profession as such a mandated person, that a child— (a) has been harmed, (b) is being harmed, or (c) is at risk of being harmed, he or she shall, as soon as practicable, report that knowledge, belief or suspicion, as the case may be, to the Agency" (Tusla).

Mandatory reporting

Under the Children First Act 2015 in the Republic of Ireland, mandated persons have two main legal obligations:

• To report harm of children, above a defined threshold, to Tusla.

• To assist Tusla, if requested, in assessing a concern which has been the subject of a mandated report.

There is a legal requirement to report relevant offences in Northern Ireland. Any concerns of this nature should be referred to the police. The DLP makes this referral. 

Memorandum of understanding with the NBSCCCI

An agreement signed by a Church authority to work with the NBSCCCI to fulfil the aims of the safeguarding standards.

Ministry with children

This includes:

• any work or service undertaken by Church personnel with children, which is under the authority of their Church body;

• any work with children undertaken by Church personnel (lay, vowed and ordained) within Church property, which is under the authority of their Church body

• All priests in active ministry are to be considered as having ministry with children.

Monitoring

A mechanism put in place to systematically oversee and review how a respondent has complied with a permanent management plan.

Natural justice

The principles and procedures that govern the adjudication of disputes between persons or organisations, chief among which are that the adjudication should be unbiased and given in good faith, and that each part should have equal access to the tribunal and should be aware of arguments and documents adduced by the other.

One-Church approach

Although the Catholic Church in Ireland comprises a large number of Church bodies, in relation to safeguarding this term means an approach that is consistent and transparent across the whole Church in Ireland.

Ordinary

In canon law, the term can apply to a variety of individual offices, such as the bishop of the diocese, the vicar general, or the vicar of a vicariate. In the context of the tribunal, it refers to the bishop of the diocese or any other person equivalent to him in law, such as the vicar of a vicariate apostolic in mission territory. Canon 134 lists those who are ordinaries for this purpose - the pope, the residential bishop and those equivalent to him in law, as well as major religious superiors of exempt orders and congregations.

Permanent management plan

A plan put in place with the respondent, following the conclusion of an investigation of an allegation of abuse by the Church and statutory authorities.

Precept

A singular precept is a decree that directly and legitimately enjoins a specific person or persons to do or omit something, especially in order to urge the observance of law.

Preliminary investigation

This is a canonical term that refers to the initial investigation by which a Church authority determines whether an alleged delict, which has reached the threshold of a semblance of truth, is not manifestly false or frivolous and remains a case to answer.

Religious

Female and male members of religious institutes and societies in which the members take public vows and live a life of ministry in common.

Respondent

This term is used for the person about whom child protection suspicions, concerns, knowledge or allegations have been made. Tusla the Child and Family Agency may refer to the respondent as a Person Subject to Allegation of Abuse (PSAA).

Safeguarding Coordinator & Deputy

Regional Safeguarding Coordinator for the protection of minors and vulnerable persons in the Region, or a Deputy Coordinator acting in his/her place in a particular area of the Region or in a particular case

Semblance of truth

Evidence that, at face value, corroborates the accusation.

Short-term ministry

This refers to ministry for a special event, during holidays, as part of mission/retreat or other pastoral activity, or for family celebrations.

Statutory authorities

These include Tusla the Child and Family Agency and An Garda Síochána in the Republic of Ireland, and the PSNI and the Health and Social Care trusts in Northern Ireland.

Suffragan bishop

A suffragan bishop heads a diocese. His suffragan diocese, however, is part of a larger ecclesiastical province, led by an archbishop.

Threshold for reporting

Republic of Ireland

• Children First Act 2015 Part 3 (14), (1) defines the threshold for reporting as ‘where a mandated person knows, believes or has reasonable grounds to suspect, on the basis of information that he or she has received, acquired or becomes aware of in the course of his or her employment or profession, as such a mandated person, that a child (a) has been harmed, (b) is being harmed, or (c) is at risk of being harmed, he or she shall, as soon as practicable, report that knowledge, belief or suspicion, as the case may be, to the Agency’ (Child and Family Agency).

Northern Ireland

• Co-operating to Safeguard Children and Young People in Northern Ireland 2017, 2.4 and Children Order (Northern Ireland) 1995 2(2) and Article 50(3) define the threshold for reporting as ‘reasonable cause to suspect that the child is suffering, or is likely to suffer significant harm’.

Timeframes for reporting

• One to five days in the case of living respondents to police, social services and the National Board.

• Within six months if the respondent is incapacitated or cannot be identified, as required by current law, to police, social services and the National Board.

• There is no need to report allegations against deceased respondents to social services unless there is a current risk to a child.

• Allegations against deceased respondents must be reported to police as soon as possible.

Tusla

Tusla is the Child and Family Agency for the Republic of Ireland, established in the Children First Act 2015. The Child and Family Agency are the statutory authority responsible for improving well-being and outcomes for children.

Vetting

Making - on foot of an invitation to a candidate by a registered organisation - a statutory disclosure by the GNVB in respect of a person who is to carry out a relevant work or activity with children or vulnerable persons.

Vos estis lux mundi

Motu Proprio Vos estis lux mundi  (‘You are the light of the world’) issued by Pope Francis, promulgated on 9 May 2019. It establishes new universal procedural norms to combat sexual abuse and ensure that bishops and religious superiors are held accountable for their actions. See the annotated revised version dated 25th March 2023.

Votum

An authoritative opinion. In forwarding a case to the relevant congregation in Rome, a member of the Church authority offers their authoritative opinion on the matter addressed in the particular case.