Guide for Visiting Laypersons and Priests of the Prelature
Guide for Laypersons and Priests of the Prelature visiting Ireland
[See Article 33 LSP-I for NBSCCCI Guidance]
Activities with minors
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 (Section A below).
Every visitor involved in the proposed activities with minors should download the general Code of Conduct with Minors, study it and sign their commitment to it. 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.
Police vetting requirements
Lay persons and priests of the Prelature visiting Ireland are subject to the relevant civil safeguarding jurisdiction if they engage in activities in Ireland with minors or vulnerable adults, whether or not these persons are visitors from abroad. Movement between civil jurisdictions on the island involves similar considerations. (Section B below).
Letters of Good Standing
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 (Section C below).
These issues must also be addressed when a priest of the Prelature who is ordinarily resident in Ireland intends to exercise a short-term ministry in a new diocesan context for which he has not already obtained permission from the diocesan Ordinary (or been vetted where necessary).
National visa requirements for Ireland ("RoI") or Northern Ireland ("NI") may also apply to visitors from abroad (except EU, UK). In the case of a stay extending over 90 days, these may include medical insurance and financial support requirements.
A. Guidance for those involved in Summer School or Work Camp programmes
The responsibility for compliance with relevant civil safeguarding legislation (Children First Act, National Vetting Bureau Act) in everything to do with a summer school , work camp or similar activity of some weeks duration - often involving adults and minors from abroad - lies in the first instance with the Irish entity responsible for hosting or organising it.
The Prelature of Opus Dei does not normally have a direct role in such events, even if they involve a visiting priest who is incardinated in the Prelature, unless the activity takes place in a centre of the Prelature. The Prelature in Ireland can only seek Garda vetting for a priest or layperson who is to undertake “relevant work” on its behalf in Ireland.
If the proposed summer school (or similar) activity –
is directed to persons who are not faithful of the Prelature, and
includes giving them religious formation on behalf of the Prelature, and
is to take place in a venue which is not erected as a centre of the Prelature,
then the leaders involved (lay persons and priest) would have to be vetted on behalf of the Prelature, even if they were also required to be vetted on behalf of the civil entity. See Section B below.
In the case of a visiting priest, the general rule is that, prior to visiting an ecclesiastical jurisdiction in Ireland in which he is not incardinated (with the intention to engage in public ministry for 4 days or more, or on a repeated or regular basis), a priest must obtain the permission of the relevant Ordinary in accordance with NBSCCCI Guidance Section S6.G (Pages 89-93). This would apply to any ministry by a visiting priest in a venue which is not a centre of the Prelature. The requirements are summarised in Section C below.
The responsibility for compliance with relevant guidance on Church safeguarding procedures lies with the priest concerned, and involves communications with –
his own Ordinary (e.g. his Regional Vicar, or the Director of his Delegation, if he is incardinated in the Prelature) and
the local Ordinary (Bishop) in whose Diocese the activity is to take place.
If a visiting priest is living in a Centre of the Prelature while attending to a summer school activity elsewhere – whether or not he also ministers to adults in that Centre – no additional permission is needed, unless it involves some ministry with minors on behalf of the Prelature.
B. Vetting Requirements for Visiting Laypersons or Priests of the Prelature
§1 Key Vetting Concepts:
Republic of Ireland
The main requirement of the NVB Act is that a relevant organisation shall not engage, employ, enter into a contract for services with, or otherwise permit any person (whether or not for commercial or any other consideration), to undertake relevant work or activities on its behalf, unless the organisation receives a vetting disclosure from the Bureau in respect of that person.
Relevant work (in the context of the Prelature of Opus Dei, in RoI) means primarily "Any work or activity as a minister or priest or any other person engaged in the advancement of any religious beliefs to children, unless such work or activity is merely incidental to the advancement of religious beliefs to persons who are not children."
Northern Ireland
The main requirement of the SVGO is that the employer of any person engaging in a regulated activity must obtain an enhanced AccessNI disclosure for that person.
Regulated activity (in the context of the Prelature of Opus Dei, in NI) means primarily "teaching, training, instructing, caring for or supervising children, or providing advice/guidance on well-being".
An activity is only regulated, however, if “it is carried out frequently by the same person” or if the person carrying out the activity “does so at any time on more than three days in any period of 30 days” or “does so at any time between 2 a.m. and 6 a.m., and the activity gives the person the opportunity to have face-to-face contact with children.” An overnight event such as a summer camp would thus require AccessNI vetting of all the leaders and volunteers involved, whereas an occasional daytime activity (e.g. less than three days in any period of 30 days) would not.
§2 Who should obtain a Vetting Disclosure (RoI)?
The first things to identify in regard to the proposed engagement of a visiting layperson priest in any relevant work or regulated activity are
the Church body or civil (i.e. non-Church) agency responsible for that activity - or on whose behalf it is carried out - and
the civil jurisdiction (RoI or NI) under which it will take place.
If the Prelature as such is responsible for the regulated work or regulated activity, because it comprises giving formation to minors or vulnerable persons on behalf of the Prelature in Ireland – whether in its own centres, on a premises owned by or for which another Church body is responsible (e.g. a church, or a Marian shrine), or in any non-Church property or venue in a diocese – the NWE Region of the Prelature in Ireland will be have the civil legal obligation to obtain a vetting disclosure, where required, for the visiting priest and other adults involved.
If the regulated work or regulated activity is organised by a civil agency, such as a school or club – in any of the foregoing venues – that entity will be under a legal obligation to obtain a vetting disclosure in respect of the involvement of the visiting priest and other adults involved in the activity, even if the same persons have already been vetted by the Prelature or by a diocese for their own purposes.
If a visiting priest is to be involved in any regulated work or a regulated activity in a diocesan context during his stay (e.g. saying a parish Mass frequently), the relevant diocese or Church body will have to obtain a vetting disclosure in respect of that activity or work, even if it is in addition to parallel vetting requirements applicable to the Prelature and/or a civil agency.
Points to note:
There is no exemption from the obligation to obtain a vetting disclosure for activities of short duration in the Republic of Ireland.
Where the nature of the work or volunteering roles are identical with those of another organisation for which a person has already been vetted – and if the activity is to take place in the Republic of Ireland – the obligation on the second organisation to obtain a vetting disclosure may be satisfied by a written agreement with the first organisation (e.g. between two dioceses) under section 12(3A) of the Act.
In Northern Ireland, an AccessNI disclosure certificate may not be issued for an infrequent activity with minors or one which is of short duration, if it falls outside the definition of a regulated activity (see §1.2 above).
An AccessNI disclosure certificate is only valid during the recruitment process for a specific role or job. An applicant can't transfer a disclosure certificate from one role to another. Only applicants receive a copy of a disclosure certificate unless they give AccessNI permission to send it to their prospective employer. Employers should not keep a certificate for longer than six months.
The bishops of Northern Ireland have established a Central Northern Dioceses Vetting Office, which processes all vetting applications to AccessNI for persons engaged in regulated activities on behalf of Northern dioceses. This would only include visiting priests of the Prelature if they engage in a regular or frequent ministry (e.g. say Mass, hear confessions) under the aegis of a chaplaincy or parish in a Northern Diocese.
§3 What should a visiting layperson or priest do?
Where a vetting disclosure is required (see §1 above) – in addition to any Letters of Good Standing required for a priest (see Section C, §1 below) – a visiting layperson or priest of the Prelature must:
provide evidence of police clearance from his country of residence,
complete the online safeguarding induction agreement with the NWE region (re code of conduct, vetting consent, data protection etc.), and
complete a subsequent application process (if not already in place) for police vetting for
the Prelature in Ireland (where applicable), and/or
for the relevant Irish diocese (where applicable), and/or
for the relevant civil entity (where applicable).
Visitors may consult the Deputy Safeguarding Coordinator for Ireland for assistance with these procedures. It will greatly facilitate this consultation if they have studied the foregoing summary carefully beforehand and have also consulted the relevant definitions and vetting guidance in the Local Safeguarding Policy for Ireland on this website.
C. Letters of Good Standing for Visiting Priests of the Prelature
§1 When does a Visiting Priest need Letters of Good Standing from his Regional Vicar?
Once-off events (up to 3 days, not 'regulated activity' or 'relevant work' )
To simply participate or officiate as a priest
in a once-off event in a diocesan context such as a funeral, baptism or wedding, or
for a once-off stay of 1 to 3 days
which does NOT involve a 'regulated activity' (NI) or 'relevant work' (RoI),
the visiting priest should sign the appropriate church register to declare his presence at a specific date and time, and present his celebret for inspection by a local representative of the Ordinary (e.g. parish priest or his delegate).
Where a visit is for a purpose which is defined in legislation as a "relevant work" (RoI) or a "regulated activity" (NI), even if it is a 'once-off' event lasting less than four days, the visit should be regarded as a 'short-term event' (see next below) and may also require police vetting (see §4 below).
Short-term events (i.e. 4 days or more, or repeated events, or regulated activity | relevant work )
Prior to exercising ministry in an ecclesiastical jurisdiction in Ireland (with the intention to engage in public ministry for 4 days or more, or on a repeated or regular basis), a visiting priest of the Prelature must obtain the permission of the relevant Ordinary in accordance with Article 33 and Article 36.
Ministry by visiting priests - whether for adults or minors - which takes place in centres of the Prelature (which have been duly erected in a diocese with the agreement of the Ordinary) does not require Letters of Good Standing to be sent to the Ordinary of the diocese. The ministry of a visiting priest of the Prelature or the Priestly Society of the Holy Cross in a centre of the Prelature is taken as approved by the NWE Regional Vicar from the fact of his incardination in the Prelature or his membership in the Priestly Society.
Ministry by visiting priests of the Prelature, which takes place elsewhere in a diocese but which is directed exclusively to faithful of the Prelature, does not normally require Letters of Good Standing to be sent to the Ordinary of the diocese. Any ministry directed to faithful of the Prelature as such automatically excludes any ministry with children (because minors cannot be faithful of the Prelature) and does not normally involve vulnerable persons.
Any other form of short-term ministry by a visiting priest of the Prelature in the territory of a diocese requires that he demonstrate in writing to the Ordinary of the relevant diocese, in accordance with Article 36, that he is in Good Standing with his regional Ordinary in the Prelature.
§2 The Good Standing procedure (where applicable) requires a visiting priest to:
provide his own contact details,
provide the contact details of his regional Ordinary in the Prelature,
provide details of -
the type of short-term pastoral activity envisaged,
the entity responsible for the activity,
the proposed venue of the pastoral activity, and
the commencement and finishing dates of his involvement,
provide a signed confidential Declaration regarding any personal disciplinary procedures or prosecutions (cf. NBSCCCI Guidance 1.1A, Template 3),
provide a signed self-declaration of his own Good Standing (cf. NBSCCCI Guidance 1.1C, Template 2),
provide a Letter of Good Standing from his Ordinary (cf. NBSCCCI Guidance 1.1C, Template 3).
§3 The consent procedure involves an exchange of correspondence between the applicant, his Ordinary and the receiving Ordinary. This may take time. Such visits should therefore be prepared in advance, allowing an adequate lead-in period. A visiting priest may consult the Deputy Safeguarding Coordinator for Ireland for assistance with these procedures. Templates are available to facilitate communication with diocesan authorities.