Éamon Ó Cuív (Galway West, Fianna Fail)

This amendment repeats an amendment moved by Deputy Shatter's colleague, Senator Regan, last November on Committee Stage in the Seanad. At the time the Minister urged caution as the issue required careful consideration. He stated his view that issues of anonymity for persons convicted of sexual offences should be considered in the context of legislation governing those offences. This remains his view.

The Minister also stated that anonymity and related issues were being examined in his Department as part of a review of sexual offences legislation. I can now tell the House of progress in this regard. The Minister of State with responsibility for children will be laying the draft general scheme of a sexual offences Bill before the Government for its approval in the near future. The Bill will include provisions that will reform aspects of the law on anonymity.

The Deputy's amendment refers to a conviction for a "sexual offence", but does not define this term and is too widely drawn. It seems to suppose that all those charged with a sexual offence have anonymity at present, but this is not the case. Under the law, anonymity applies to an accused in two circumstances, those being, where the accused is charged with a rape offence under section 8 of the Criminal Law (Rape) Act 1981 or with an incest offence under the Criminal Law (Incest Proceedings) Act 1995. Anonymity is not available to a person charged with a sexual offence other than rape or incest. Moreover, in the case of a rape offence, the protection is lifted if the accused is found guilty. The accused in incest cases retain anonymity even where the charges are withdrawn or the persons are convicted.

I began by referring to the complexity of legislating in this regard, but I will highlight one scenario that will clearly demonstrate how complex the issue is and how change must be well thought out. As we know, many sexual abuse cases involve multiple victims. This is especially true where the abuse occurs in a family setting. If only one of the victims in such a case was to avail of the possibility presented by this amendment to have the perpetrator named, that person could cause a distress to other victims who might be his or her siblings second only to the distress caused by the offender and deepen the rifts in the family. If the court refused an application from such a person in order to respect the others' wishes, great distress might be caused to the applicant. No one would win. I doubt that the Deputy wishes to bring this situation about. In light of the information provided to me by the Minister of State on the general scheme of the sexual offences Bill, I am compelled to reject the amendment. Accepting it without greater consideration would be unwise.

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