Parish priest makes out-of-court settlement over First Holy Communion incident
Gordon Deegan
An outspoken north Clare parish priest has made an undisclosed payout arising from a court action taken by a traveller woman concerning a First Holy Communion flashpoint eight years ago.
At Ennis Circuit Court, Judge Francis Comerford noted the out-of-court settlement between Ennistymon parish priest Fr Willie Cummins and Caroline Sherlock.
Ms Sherlock took a separate action against the late Martin Drennan, former Bishop of the Diocese Of Galway and Kilmacduagh, concerning her discrimination case.
The joint discrimination action by Ms Sherlock arose from the alleged refusal by Fr Cummins to allow her to attend the Church of Our Lady and St Michael, Ennistymon for her niece and nephew’s First Communion on May 23rd, 2015.
Judge Comerford made the out-of-court settlement between Bishop Drennan, who died last November, and Caroline Sherlock a rule of court.
After being handed in the settlement terms, Judge Comerford queried if the settlement amount to be paid by Fr Cummins and Bishop Drennan was one sum or separate sums.
In response, counsel for Bishop Drennan said “separate” and asked that on that basis the case can be struck out. He said that “both matters were resolved and both matters were settled on the same terms”.
The amounts paid out were not disclosed. Neither Ms Sherlock nor her legal team were not in court, nor were Fr Cummins and his solicitor.
The cases were before the court on appeal from a failed 2020 discrimination case action at the Workplace Relations Commission (WRC) brought by Ms Sherlock against Fr Cummins arising from her niece and nephew’s Holy Communion at Ennistymon Church in May 2015.
At the WRC, Adjudicator Louise Boyle dismissed Ms Sherlock’s claim on a legal point.
Fr Cummins denied the substantive discrimination allegations, and it was successfully argued on his behalf that the type of religious service, a First Holy Communion, is not covered by the Equal Status Act.
In the published WRC ruling, Ms Boyle said that if she was to find otherwise "it would be unlawful for Churches to refuse the Sacrament of Matrimony to persons who were divorced, or to provide that facility to persons of the same gender".
"Likewise, it would be unlawful to provide access to Holy Orders to exclusively men to the exclusion of women," Mr Boyle added.
Ms Sherlock alleges that on the day of the Communion, Fr Cummins stopped her from entering the Church on account of what she was wearing.
Gardaí were called to the Church but no arrests were made as officers detected no public order incident or breach of the peace.
Ms Sherlock could not be reached for comment on the settlement.
In a statement, a spokesperson for the Diocese of Galway noted the action was concluded "without liability being determined and in terms which both parties have agreed should remain confidential".
The spokesperson added: "In light of this, no further commentary is available on this matter," stressing that the Diocese of Galway, Kilmacduagh and Kilfenora was not a party to the proceedings.
The spokesperson declined to comment when asked if the diocese had covered the legal costs of Fr Cummins or Bishop Drennan, or made the payments referred to in court.
