Files held by the Catholic Diocese of Ferns dealing with inquiries into the conduct of Father Sean Fortune and other suspected paedophile priests must be released to any State inquiry, sources close to the Attorney General, Mr Michael McDowell, believe.
Yesterday, the AG acknowledged that details about the confessions made by any of these priests, or any pastoral counselling given to them would be covered by at least limited privilege.
"There is some case law to the effect that certain forms of counselling and pastoral activity of a spiritual kind carries with it some privilege," Mr McDowell told RTÉ news.
However, the privilege would not extend, sources said later, to any papers dealing with "employer or administrative matters", including documents written to or from the diocese about Father Fortune's expulsion from the Catholic Boy Scouts of Ireland.
In addition, the privilege would not cover any papers dealing with the transfer by the Bishop of Ferns, Dr Brendan Comiskey, of Father Fortune or any other priest because of paedophile activities.
The announcement expected this morning from the Vatican about the Ferns crisis will be carefully analysed by the Government for signals about the level of co-operation which may be on offer from the Church.
Mr George Birmingham SC is expected to recommend a number of options to the Government in his preliminary report on the issue, due in three months' time.
There are a number of predictable choices.
The Cabinet could create a full tribunal of inquiry under 1921 legislation which would have powers to compel the attendance of witnesses and discover documents.
However, the Government is understood to be keen to have co-operation from the Church, believing that this would be quicker and avoid a Church/State clash.
The Commission to Inquire into Child Abuse, headed by Ms Justice Laffoy, offers one middle-ground option. It has conducted most of its business in private.
"If the Church co-operates, then any inquiry will not need the full panoply of powers that a full tribunal of inquiry would have," one source told The Irish Times.
In its final report, the commission has powers to identify the perpetrators of abuse, the religious institutions where it occurred and the measures needed to deal with victims' trauma.
The 1998 non-statutory inquiry by Mr Roderick Murphy SC into child abuse by swimming coaches offers another option, though full Church co-operation would be necessary for this to work.
In his RTÉ interview, Mr McDowell said: "We have to examine the issues very, very carefully to see where we are going. But in the last analysis, the Minister is absolutely clear on one thing. He is going to conduct a full, thorough inquiry."
