In reply to Louise Vella's letter regarding the Pope's condemnation of paedophile priests (February 15), it should be stated that the Instruction Crimen sollicitationis, referred to by Ms Vella, issued by the Holy Office in 1962 refers to "the manner of proceeding in cases of the crime of solicitation by a priest in the context of sacramental confession", including paedophilia, referred to in the instruction as "the worst crime", and not to general cases of sexual misconduct by priests.

The object of the Instruction is clear: "The crime of solicitation takes place when a priest tempts a penitent, whoever that person is, either in the act of sacramental confession, whether even outside the times for confession, in the confessional or in a place other than that usually designated for the hearing of confessions or in a place chosen for the simulated purpose of hearing confession."

By solicitation the Instruction understands "any act of the priest", writing included, "intended to provoke the penitent towards impure and obscene matters".

It should be noted that the victim referred to is "a penitent" and not any other person in other settings and circumstances.

Ms Vella's claim that for the Instruction "the recommended way out was to transfer the offending priest to a different parish" is misleading.

The Instruction speaks of secrecy to protect the sacramental secret of confession, the penitent, and the priest until proven guilty. In this delicate matter, the Instruction demands removal from ministry, not transfer! Transfer to another assignment is even prohibited when the "denunciation is accepted and the inquisition begun".

Transfer is implicitly permitted in cases of religious being moved from one house to another, notwithstanding their removal from ministry.

Since the crime in question is committed during confession or in a confessor-penitent relationship, "lest it remain occult and unpunished... with inestimable detriment to souls... and the faith", the Instruction compels the penitent him/herself under penalty of excommunication to "reveal it through a denunciation within a month... personally or by letter or by another person". Crimen sollicitationis, quoting Canon Law, obliges in fact "anyone of the faithful to denounce this crime of which he will have had a certain knowledge".

Thus, those Ordinaries, Bishops and Religious Superiors alike, who covered up "the worst of crimes" committed by priests or religious, acted irresponsibly and did not abide by Church Law to the detriment of the faithful, the Church's reputation and the faith itself.