Section 1 – PREVENTION
Page 1 | Page 2PART A
Prelature Safeguarding Policy (PSP)
Safeguarding StandardsArt. 17 (PSP Art. 7)
Apostolic initiatives which receive pastoral support from the Prelature (cf. Statuta, No. 121) and in which minors or vulnerable persons take part, should have in place adequate safeguarding policies and standards of good practice.
Art. 18 (PSP Art. 8)
In accordance with VELM Art.2,, the Office of Coordinator for the safeguarding of minors has been established in the Prelature, with the following functions and obligations:
1° To receive every kind of complaint or report – whether directly from the person affected or from third parties – regarding conduct to which this Policy applies. Receipt of every such report will be acknowledged to the complainant and – if different from the complainant – also to the offended person.
2° To gather whatever data may be necessary for the purpose of identifying the person accused and the possible victims, as well as any subsequent data relating to the facts asserted and the persons affected.
3° To inform the complainant and, where appropriate, the offended person about the procedural steps, whether in canon or in civil law.
4° To provide initial assistance to victims, with attentive personal support.
5° In considering an oral complaint, to prepare an authenticated statement – which should be signed by the complainant – noting everything that has been affirmed and also the steps that have been taken, for which purpose the presence of a canonical notary will be required.
6° To send to the Regional Vicar, with speed and discretion, the authenticated statement of the complaint and of the steps taken, making a written note of having sent it and of the date of same, and notifying the complainant to this effect.
7° To ensure the security, integrity and confidentiality of information in accordance with Can. 1455 §3 CIC.
8° To inform the Regional Vicar periodically of the work carried out.
Art. 19 (PSP Art. 9)
Each Regional Vicar shall designate, within the ambit of his region, a Coordinator of safeguarding of minors and vulnerable persons (hereinafter, “Safeguarding Coordinator”), at least one Deputy Coordinator, who will assist the Coordinator in the implementation of these directives and substitute for the Coordinator when necessary, and an Advisory Committee composed of at least five persons. The Safeguarding Coordinator will arrange training activities in safeguarding practice for those involved with minors and vulnerable persons. He or she will also be especially responsible for welcoming and accompanying persons who have suffered exploitation, sexual abuse or ill-treatment, as well as their families.
Code of BehaviourArt. 20 (PSP Art. 11)
In apostolic initiatives that include minors, priority should be given to safeguarding them. Accordingly, in the course of such activities, the faithful of the Prelature and their collaborators must:
be prudent and respectful in dealing with minors,
be positive role models for them,
always be visible to other adults when in the presence of minors,
report to those in charge any potentially dangerous behaviour they might notice,
respect the sphere of privacy of minors,
inform parents or guardians about the activities they intend to carry out and the procedures to be adopted,
exercise the necessary prudence in communicating with minors, including by telephone and on social media,
carry out activities in rooms suited to the age and stage of development of the minors, taking special care to ensure, as far possible, that minors do not enter or remain in places hidden from view or without supervision,
avoid any inappropriate, ambiguous or unnecessary physical or verbal contact, such as signs of affection, kisses or hugs which are imprudent, unjustified or capable of misinterpretation.
Art. 21 (PSP Art. 12)
Faithful of the Prelature – and those admitted as collaborators in apostolic initiatives of the Prelature in which minors or vulnerable adults take part – are strictly forbidden:
to inflict corporal punishment of any kind,
to establish a preferential relationship with any of the persons covered by this Policy,
to leave any such person in a situation which is potentially dangerous to his or her physical or mental safety,
to address them in an offensive manner,
to conduct themselves in a manner or participate in behaviour which is inappropriate or sexually suggestive,
to discriminate against any individual or group of persons covered by this Policy,
to ask any such person to keep a secret,
to make gifts directly to any person covered by this Policy which discriminates against the rest of the group,
to transport any such person in a vehicle, except in the company of others,
to photograph or film any of the persons covered by this Policy without the written consent of their parents or guardians, where applicable,
to publish or disseminate via the internet or on social networks, without the consent of the parents – or guardians where applicable – images in which any of the persons covered by this Policy can be recognized,
to contact any such person, including by phone or social media, without the consent of the parents or guardians.
Art. 22 (PSP Art. 13)
Any inappropriate or bullying behaviour that might take place between persons covered by this Policy – even if it does not have particularly serious characteristics – should be acted on promptly, in a measured way, and with prudence and refinement, immediately informing the parents or guardians concerned.
Art. 23 (PSP Art. 14)
The written consent of parents or guardians is indispensable for the participation of minors or vulnerable adults in activities which come within the pastoral responsibility of the Prelature. Parents or guardians must receive information about the proposed activity, as well as the names and contact details of those responsible. Parental consent forms which contain confidential details are to be kept on file with appropriate safeguards.
PART B
Regional Safeguarding Policy (RSP)
Advisory CommitteeArt. 24 (RSP Art. 12)
An Advisory Committee shall be appointed, as a consultative body to the Vicar, in whatever concerns the preliminary investigation of notitiae de delicto in which faithful of the Region are implicated. The competences of this Committee shall be:
§1 To review and propose updates to this Policy.
§2 Subject to the requirements of civil law, to advise the Vicar on the evaluation of notitiae de delicto when there are doubts about their plausibility, and on the appropriateness in each case of applying some of the provisional measures foreseen in RSP Art. 35 §4.
§3 To offer an opinion in specific cases, if the Vicar – while safeguarding privacy and maintaining a due reserve about identities and non-essential details – so requests, on possible forms of assistance, on pastoral and professional guidance of the persons concerned (including the victim and the person accused or under investigation), on ways of providing such persons with medical and social assistance, on making them aware of their rights and how to exercise them, on facilitating their recourse to the appropriate authorities, and on protecting their reputation and privacy, etc., always taking into account the opinion and needs of the persons concerned. The members of the Advisory Committee are strictly bound to observe confidentiality of office and to safeguard any information they receive about the case, without prejudice to RSP Art. 31, to ensure its security, integrity and privacy in accordance with the prescriptions of Can. 471, 2° CIC and with the relevant civil legislation.
§4 To advise the Vicar, or the person carrying out the preliminary investigation (hereinafter the “Investigator”) – when he or she considers it necessary – on questions within their competence that might arise during the proceedings. In such cases, consultations will be made without revealing identities or disclosing personal details which are not strictly necessary.
§5 To immediately inform the Regional Safeguarding Coordinator or his Deputy (cf. RSP Art. 14) about any notitiae de delicto which the Advisory Committee might receive concerning possible abuses in which the faithful of the Region may be implicated.
Art. 25 (RSP Art. 13)
The Advisory Committee shall be composed of at least five members. They must be people of exemplary conduct and sound judgement. The majority will be lay faithful, men and women. The chairperson of the Committee will be a priest of the Prelature with several years of pastoral experience and sound judgement. At least one member should have experience in dealing with the abuse or mistreatment of minors.
§1 As far as possible, among the Committee members there should be professionals of the following disciplines: canon law (cf. RSP Art. 50 and Can. 1718 §3 CIC), criminal or civil law, psychology, moral theology, or ethics.
§2 The Vicar shall appoint the members of the Committee for a term of five years, which may be renewed. There is no objection to his asking a member of his Regional Councils to attend the meetings of the Advisory Committee.
§3 The Committee shall meet as often as necessary to fulfil its functions in accordance with a programme established by the chairperson, and in any case whenever the Vicar convenes it.
Regional Safeguarding CoordinatorArt. 26 (RSP Art. 14)
In accordance with PSP Art. 8 – which implements VELM Art. 2 §1 – the Vicar shall appoint a Regional Safeguarding Coordinator for the protection of minors (hereinafter, “Coordinator”) who will have responsibility for receiving notitiae de delicto and for the tasks outlined in PSP Art. 8 (cf. RSP Art. 17).
The Coordinator may be a member of the Advisory Committee, but this is not essential. In any case, the person appointed must have been in the Prelature for at least for 10 years and be outstanding in the qualities of upright Christian living, prudence, empathy, doctrine, and the other characteristics mentioned in the PSP (cf. PSP Art. 9). It is also advisable that the Coordinator have a knowledge of psychology.
The Vicar shall also appoint a Deputy Coordinator or Coordinators, endowed with similar qualities, who will assist or deputise the Regional Safeguarding Coordinator in the foregoing tasks, whether in particular areas of the Region or generally, and “Coordinator” will be understood to include a Deputy Coordinator acting in a particular case.
Art. 27 (RSP Art. 15)
The Coordinator should receive any notitia de delicto with respect, understanding and compassion; should be a skilled listener, receptive to the needs of those who present them, and should act with tact and sensitivity.
Art. 28 (RSP Art. 16)
To make recourse to the Coordinator or a local Deputy Coordinator easily accessible, telephone numbers and e-mail addresses where they may be contacted quickly should be clearly visible on the website of the Region. This same information should be available in each Centre of the Region. The Regional website will also facilitate anyone who wishes to submit a report online or to update it whenever necessary.
Art. 29 (RSP Art. 17)
In accordance with PSP Art. 8, the Coordinator shall have the following specific functions and duties:
1° To receive every kind of notitia – whether directly from persons affected or from third parties – related to conduct to which the RSP applies. Receipt of every such report will be acknowledged to the complainant and – if different from the complainant – also to the offended person.
2° To provide initial assistance to victims, with attentive personal support.
3° To inform the complainant and, where appropriate, the offended person about the procedural steps, whether in canon or in civil law.
4° In particular, to explain to them in advance, where such is the case, that the civil law or the norms of the Church oblige the Coordinator to inform the civil authorities about the accusation which they wish to share with him (cf. RSP Art. 31).
5° Without interfering with investigations being carried out in any civil proceedings (cf. RSP Art. 31 §2 A), to gather whatever data may be necessary for the purpose of identifying the person accused and the possible victims, as well as any subsequent data relating to the facts asserted and the persons affected.
6° In the case of an oral complaint or report to draw up a record of everything that has been affirmed and to read it to those making the report so that, if they agree, they can either sign it or indicate what corrections might be necessary before doing so (cf. RSP Art. 27). If they agree with the written statement but do not wish to sign it, the Coordinator should make a note of this and of the steps taken, for which purpose – at the stage when a file has to be assembled for a preliminary investigation (cf. RSP Art. 32) – the presence of a canonical notary will be required.
7° To send to the Regional Vicar, promptly and with discretion, an authenticated statement of the complaint and of the steps taken, making a written note of having sent it and of the date of same, and notifying the complainant to this effect.
8° To safeguard and communicate information concerning the case in such a way as to ensure its security, integrity and confidentiality in accordance with the prescriptions of Can. 471, 2° CIC, in order to safeguard the reputation, esteem and privacy of everyone involved so far as possible, without prejudice to the obligations laid down by civil law (including any reporting obligations and complying with legitimate requests of civil authorities).
9° To inform the Regional Vicar periodically of the work carried out.
PART C
Local Safeguarding Policy – Ireland
C-I | Ecclesiastical
The Prelature is commited (Art. 14) to implementing the current NBSCCCI Policy & Guidance in Ireland.
Art. 30 | Safe Recruitment Procedures | Application of Guidance to the Prelature in Ireland
► Indicator S1.A | Page S-4 | Guidance on Safe Recruitment Procedures
§1 The Prelature in Ireland does not ordinarily engage external personnel to carry out the “relevant work” of giving Christian formation to minors on its behalf.
§2 This task of giving formation to minors is entrusted to suitably prepared priests and lay faithful of the Prelature who, in the course of their personal formation and by appointment from the Vicar (following receipt of a vetting disclosure, cf. Article 67), are deemed suitable for the role that they agree to undertake. They undergo a safeguarding induction and training in accordance with their role. See also Article 176 and Article 177 on training and selection.
► Indicator S2.A | Page S-23 | Guidance on an Induction Process for All Involved in the Church
Art. 31 | Templates for Safe Recruitment Procedures
► Indicator S1.A | Page S-7 | Template 1: Recruitment and Selection Checklist
► Indicator S1.A | Page S-9 | Template 2: Application Form
► Indicator S1.A | Page S-12 | Template 3: Confidential Declaration Form
► Indicator S1.A | Page S-14 | Template 4: Character and Personal Reference Request
► Indicator S1.A | Page S-15 | Template 5: Confidentiality Declaration
Art. 32 | Vetting
► Indicator S1.B | Page S-16 | Guidance on Vetting
§1 Part of the appointment process for persons who will engage in 'relevant work' is to screen candidates against police criminal conviction and caution records. This screening process – called vetting – includes a check against relevant police-held conviction and non-conviction information, against UK lists of individuals who have been barred from working with children and/or vulnerable adults, and, in the Republic of Ireland, against An Garda Síochána records (cf. Article 67).
§2 In accordance with the data protection principle of 'purpose limitation' set down in Article 5(1)(b) GDPR, vetting disclosures may only be used for the purpose for which they were provided to an organisation and vetting disclosures should not be shared with any other organisation.
§3 An exception can be made where relevant organisations have a joint employment agreement in writing in accordance with Section 12(3A) of the National Vetting Bureau Act and the persons affected have consented.
► Indicator S1.B | Page S-21 to 22 | Template 1A: Service Level Agreement to Share Vetting Information and Template 1B: Consent to Share Vetting Information (for use only in the Republic of Ireland)
Art. 33 | Visitors engaging in Work with Minors
§1 See the Visitor's Guide for persons of the Prelature (lay persons and priests) visiting Ireland to engage in formation activities with minors.
§2 Summer schools, work camps, or similar activities of some weeks duration, often involve adults and minors from abroad who are unfamiliar with national child safeguarding requirements or (where relevant) Church procedures for visiting priests etc. Safeguarding procedures differ in each civil jurisdiction on the island - Republic of Ireland ("RoI") and Northern Ireland ("NI") - but Church procedures are common to both. It is important that these matters be considered and prepared well in advance by the entities responsible.
§3 Every visitor involved in such activities with minors should download the general Code of Conduct with Minors, study it and sign their commitment to it.
§4 Leaders should also consult the Checklist of Safeguarding Practices of the Prelature and study how to implement it in their activity. A safeguarding Risk Assessment for the activity should be carried out in advance and specific procedures put in place to address the risks in a responsible way.
§5 In addition, when a priest of the Prelature who is not ordinarily resident in Ireland, intends to exercise ministry with minors or vulnerable adults in Ireland on a short-term basis, he may require Letters of Good Standing from his Ordinary.
Art. 34 | Priests ministering with minors abroad
► Indicator S6.G | Page S-89 | Guidance on Visiting Clergy, Religious, Lay Ecclesial Ministers, Seminarians and Visits to Shrines
► Indicator S6.E | Page S-84 | Guidance on Cross-Referencing Safeguarding Policies
Visiting clerics celebrating or concelebrating Mass at Shrines outside Ireland:
a) All child safeguarding requirements of the organisation within which the ministry takes place must be followed, in accordance with NBSCCCI Guidance Indicator S6.E | Page S-84.
b) The main celebrant must allocate responsibility for each cleric wishing to concelebrate to have their celebret cards checked to ensure they are in good standing.
c) A cleric who is out of ministry due to child safeguarding concerns must not attempt to celebrate any sacrament in public while abroad.
Art. 35 | Lay Persons engaging in Work with Minors
§1 Lay persons based in Ireland, who are faithful of the Prelature and who have been approved to give formation to minors on behalf of the Prelature, will have been vetted and trained for this purpose in accordance with Article 30 §2.
§2 When a lay person of the Prelature, based in another civil jurisdiction, visits Ireland, Article 33 and the Visitors Guide will be followed in respect of any involvement he or she might have in “relevant work” in Ireland on behalf of the Prelature.
§3 The Prelature in Ireland does not ordinarily engage personnel from other Church bodies to give Christian formation to minors on its behalf.
§4 "Lay Ecclesial Ministry" is a term adopted to identify the relatively new category of pastoral ministers in the Catholic Church who are not ordained. They may be known as number of different terms including ‘lay pastoral workers’ or ‘pastoral assistants’. All lay ecclesial lay ministers are authorised by a Church authority to serve publicly on its behalf. This term is not directly applicable to lay persons of the Prelature giving formation on its behalf, but such of the NBSCCCI Guidance as may be relevant, mutatis mutandis, is applied in Article 33 and the Visitors Guide.
► Indicator S6.G | Page S-89 | Guidance on Visiting Clergy, Religious, Lay Ecclesial Ministers, Seminarians and Visits to Shrines
Art. 36 | Overview of Documentation Required for some Visitors
► Indicator S6.G | Page S-89 | Guidance on Visiting Clergy, Religious, Lay Ecclesial Ministers, Seminarians and Visits to Shrines
The above NBSCCCI Guidance is separated into the following sub headings:
Procedures for visiting clergy within Ireland
Procedures to be followed by visiting clergy from outside Ireland wishing to minister on a short-term basis
Procedures to be followed by visiting clergy from outside Ireland wishing to minister at a one-off event
Procedures for visiting persons in any form of consecrated life within and outside Ireland
Procedures for seminarians and pastoral students undertaking pastoral placements as part of their formation
Procedures for visiting clerics or visiting persons in any form of consecrated life ministering at shrines, national shrines and international shrines
Procedures for lay ecclesial ministers
Procedures for retired clerics who seek to minister and who have no Church Authority in Ireland.
► Indicator S6.G | Page S-94 | Template 1: Acknowledgement Letter for Request for Ministry
► Indicator S6.G | Page S-95 | Template 2: Declaration Form of Good Standing
► Indicator S6.G | Page S-96 | Template 3: Confirmation of Good Standing
► Indicator S6.G | Page S-97 | Template 4: Approval for Ministry
Art. 37 | Retired Clergy
► Indicator S2.A | Page S-23 | Guidance on an Induction Process for All Involved in the Church
§1 If a priest is retired and has no public ministry there are no requirements for him to be vetted, undergo child safeguarding training or sign up to the child safeguarding policy and standards of the Catholic Church.
§2 If the retired priest assists with public ministry, in advance of allowing any ministry the Church authority should follow the visitor guidance (Article 33 and the Visitors Guide) and obtain a reference from the priests’s Church authority to ensure that he is in good standing and that there are no concerns of a child safeguarding nature.
§4 The priest’s Ordinary should continue to issue a celebret or letter of good standing annually.
§5 The priest must agree to follow all safeguarding requirements of the Church body in which he ministers. This includes:
1° Vetting
2° Agreeing to following the safeguarding policy and standards
3° Attending full day awareness training every three years
4° Informing the Church authority in Ireland if any concerns, suspicions or allegations are made against him.
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