Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

On the section, I want to flag a broad issue. I will not dwell on it. I know the Minister or, more so, the Department has taken a position in respect of the approach in this regard. I have dealt with the Department in respect of this issue for a decade and I doubt it will back down from its position but I want to flag my concern regarding the legislation as drafted in the context of the disclosure of information. What is being provided is a very restrictive and limited right to information. It is too restrictive and limited. All of the discretion in this regard is being left in the hands of An Garda. While I welcome the fact that An Garda will have the legal right to make a disclosure, an option that has not been available to it until now, there should be a mechanism for members of the public who have responsibility for the protection of a child or vulnerable adult to make an inquiry to An Garda. I do not have an issue with An Garda then making an evaluation based on the request in respect of whether it decides to disclose. In fairness, I believe the Garda will take a responsible approach on this issue but it is more about changing the mindset in this country in respect of the principle of disclosure. It is about giving parents the right to protect and safeguard their child or a vulnerable adult. Changing the culture in this country will protect far more children. As the Minister will be aware, similar legislation has been in place in the UK for many years. I know examples will be given of where it has been abused. I have put forward amending legislation that provides the correct balance between the rights of parents and guardians and those of the offender. Where it has happened in the UK, however, only a very small number of disclosures have been made. Less than 10% of requests have led to a disclosure but in one third of cases it has brought to the attention of the authorities situations that had not previously come to their attention and led to other protection measures being put in place in respect of children. A cultural change needs to take happen in this country such that people are far more proactive in expressing concerns to An Garda Síochána when something just is not right or does not add up.