OFFERS OF resignation by Dublin’s two Catholic auxiliary bishops may have lapsed as they were not accepted within the three-month period stipulated by canon law.
On May 24th it will be five months since bishops Eamonn Walsh and Ray Field announced that they were submitting their resignations to Pope Benedict. Their resignations on Christmas Eve followed publication of the Murphy report on November 26th last.
According to canon 189.3: “A resignation which requires acceptance lacks all force if it is not accepted within three months.”
Rev Dr Michael Mullaney, vice-president and professor of canon law at St Patrick’s College, Maynooth, said that “normally a resignation would be and should be accepted after three months”. He added that for a resignation to be properly accepted, ie within three months, other matters would also have to be considered. These included:
“Was the resignation submitted as soon as it was announced?
“The context of the resignation – a factor included in determining the timeline would be the reason given for the resignation – what did the resignation letter say? The process of resignation may take longer because of the context, for example if a meeting is requested with the person tendering their resignation;
“If the circumstances are deemed to be extraordinary then the Holy See may override what is the norm and make an exception to that norm;
“It may be the case that the resignation has been accepted but for whatever reason it cannot take effect immediately. This is covered by the term nunc pro tunc, meaning now for then.”
A Dublin archdiocese spokeswoman said last night resignations were a matter for the Vatican.
Following a brief in camera hearing last week Mr Justice Paul Gilligan of the High Court adjourned proceedings on publication of deleted sections of the Murphy report to July 19th next.
Meanwhile, speculation that Cardinal George Pell, Archbishop of Sydney, was to head the apostolic visitation to Ireland have been dismissed. The visitation was announced by the pope in his letter to Irish Catholics last March. Since then there have been persistent rumours that the conservative Cardinal Pell would head such a visitation.
A report in the Sydney Morning Herald last Friday said this would be opposed by child abuse groups in Ireland, as in 1993 Cardinal Pell gave “moral support” to former priest Gerald Ridsdale at a Melbourne court appearance on child abuse charges. Ridsdale was convicted and is in jail. Cardinal Pell denied all knowledge of Ridsdale’s activities before his conviction.
Responding to the news story the archdiocese of Sydney said reports that Cardinal Pell would lead the visitation to Ireland were “completely unfounded and speculative”.
It also pointed out that “soon after becoming Archbishop of Melbourne, Cardinal Pell led the church with a world-first in 1996 when he established an independent commission to investigate complaints of sexual abuse, supported by an independent compensation panel and an independent counselling service for victims”.
While in Melbourne the cardinal “always followed the advice of the independent commission and permanently removed approximately 20 priests from ministry in the five years he was there”.
