Dáil debates

Tuesday, 26 June 2012

Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012 [Seanad]: Second Stage

 

7:00 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)

I welcome the fact that the Joint Oireachtas Committee on Justice, Defence and Equality had an opportunity to discuss the heads of the Bill. This has been done on a number of occasions and in this case we are seeing the benefits of it in how the Bill has been presented and the changes made since the heads of the Bill were first published.

Deputy Calleary touched on many of the issues on which I was going to speak so I will not go into detail on them. There is an obvious need to ensure the related Bills coming before the House, including this Bill, the Children First Bill, the national vetting bureau Bill and the mental capacity Bill, compliment each other. The Ombudsman for Children has already indicated we need to be very aware that various pieces of legislation are being brought forward. Some people would have liked to have seen this Bill and the Children First Bill streamlined. I agree with the analysis the Minister outlined in his closing remarks. I think having two separate Bills was the prudent way to go about it. We can see the benefits of that in the Bill that has been published. Obviously, we will have much more discussion on Committee Stage next week. The Sinn Féin office is drafting a number of minor amendments to try to improve and strengthen this legislation. We hope the Minister will be able to take them on board.

Deputy Calleary made an important point about resources. He said that when this Bill is finally enacted, there will have to be a public information and awareness campaign focusing on what is contained in this Bill and on the responsibilities of individuals and organisations. We cannot allow anyone to use ignorance as an excuse for their failure to report a suspected case of child abuse. It is important for a broad public information campaign to be financed.

Deputy Calleary mentioned some statistics which reveal that the number of cases being reported in other jurisdictions increased when legislation of this nature was introduced. We have to be aware that additional resources are required in such circumstances. In the brief period since I was elected to this House, I have seen how this problem has arisen with regard to legislation that was enacted before I became a Deputy. Problems arise when legislation is enacted but the necessary resources and finances are not provided to ensure the legislation does what it is supposed to do. In this case, it is important for us quickly to identify and put in place the resources that will be necessary. We cannot use our economic circumstances in any way to lessen the provision of the resources that will be needed to deal with the increase in the number of reported cases. When the Fines Act 2010 was introduced, we failed to provide the resources required to implement it. As a result, well-intentioned legislation that was passed by this House became redundant. We cannot allow that to happen in this instance.

I agree that the operation of the legislation before the House should be reviewed after 12 months. I suggest that a report should be submitted to the Joint Committee on Justice, Defence and Equality or the Joint Committee on Health and Children to enable us to ascertain whether the resources which will be necessary to deal with the likely increase in the number of reported cases are being put place. In such circumstances, we will be able to identify any gaps that exist. We will also be able to specify where additional resources are needed and ensure they are provided. I concur with what has been said about the need for clear lines of communication. When this Bill has been enacted, we will have to make it clear who will monitor this legislation.

The Minister touched on the contents of section 2(4), which deals with the issue of privilege. I welcome his comment that this legislation will apply to every individual and every organisation, regardless of who or what they are. I echo those comments because no individual should have any opportunity, following the enactment of this legislation, to be under the illusion that he or she does not have a legal responsibility, in addition to his or her moral and legal responsibility, to act. If such a person fails to act, he or she will be guilty of a criminal offence. I welcome that because it is important.

Some groups that addressed the Joint Committee on Justice, Defence and Equality expressed concern about how the practical aspects of the legislation will work out. There was a fear that if the legislation was too robust, it might deter victims from coming forward. Some victims might not be ready to report cases of abuse. That has been addressed to some extent. We will have to examine it much more closely on Committee Stage next week. The Minister mentioned that this matter is dealt with in section 4(8) of the Bill. That will alleviate some of the concerns that exist. We will discuss it in much more detail on Committee Stage. We must ensure that victims who need support services are not apprehensive about coming forward because of a fear that they might be held liable under this legislation if they do not report cases. Equally, such people might be afraid that those to whom they wish to speak might be obliged to report what they say. The Minister touched on such issues. We will consider them further.

I look forward to next week's Committee Stage debate. My party will facilitate the quickest possible passage of this legislation through the House. However, we have to be careful not to rush it. We need to get it right. I expect to table a number of amendments on Committee Stage next week. I hope they can be discussed in detail and thrashed out. When Committee Stage has been completed, I hope the Bill can be passed before the summer recess. We cannot afford to delay it. The quicker we can put in place the collective legislation in this regard - this Bill, the Children First Bill, the vetting Bill and the legal capacity Bill, all of which will complement each other - the better it will be for all concerned.

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