Alan Farrell (Dublin North, Fine Gael)

As parents, our primary instinct is to protect our children, yet as a society, we fail in this time and again. I would like to acknowledge the hard work that has been put into the drafting of this Bill in order to make it fit for purpose. There is no doubt that through this legislation, along with the referendum and the collective legislation to copper fasten the protection of children that is to follow from Minister Fitzgerald, this matter has been given the unprecedented attention it so justly deserves. As a member of the Oireachtas Joint Committee on Justice, Defence and Equality, I have witnessed the extraordinary dedication that voluntary organisations such as the Rape Crisis Centre, One in Four and the ISPCC, to name but a few, give to representing in full the victims they are trying to protect. Their insight has been invaluable to the construction of this Bill. I acknowledge my respect for the work that they do and the courage of those victims who have been willing to share their story with the aim of helping others.

We have poor historical record when it comes to protecting our children. The disbelief and anger surrounding revelations of institutional abuse is not just about the actions that took place, but about the covering up and turning a blind eye. Last week we saw a damning report of 112 children dying of unnatural causes, in tragic and lonely circumstances, during one of the wealthiest and progressive periods of our history. The Catholic Church may not have the same institutional power as formerly, but the days of turning a blind eye are not yet behind us by any means. In the past we may have underestimated the disincentives to blowing the whistle on criminal or neglectful behaviour. We now are learning - the hard way - the power of fear, uncertainty and loyalty when it comes to reporting crime in areas such as corruption, banking practice and even something as sinister as child abuse.

According to ISPCC research, 57% of people would be reluctant to report a crime. This gets more complicated when we delve into the reality of sexual abuse. Statistically in Ireland, it is the people that are closest to the victim, such as family, friends or the people placed in positions of moral guardianship, who are the perpetrators. Ultimately, these are also the silent accommodators of child abuse. These are the people we trust the most with our children, family, friends, and professionals. These are the people most difficult to suspect or even question. Some 80% of abuse takes place within the close family and friend circle of the child. The aim of this Bill is to identify the obligation for those who may be struggling with the concept of reporting or of identifying a loved one as a victim. This Bill ensures that it is a crime not to. This is the only way to ensure that the welfare of the child or vulnerable person, and other children who may be subject to abuse by the offender, is put first and foremost.

Children and vulnerable persons do not have the means to report a crime on their own and must rely on others. Their only hope is to be saved or protected by a suspecting adult who will step forward and report the abuse. While one may argue that turning someone into a criminal for not reporting someone, due to fear, confusion or loyalty may be a step too far, the child must come first and there is no alternative or excuse. This Bill clearly acknowledges the power of authority,the institution and self-protection as barriers to doing the right thing. It creates an incentive that goes beyond the moral incentive. There will now be a legal duty on each and every person in society, not just the professionals, to ensure that the facilitation of abuse will not be tolerated. It will no longer be someone else's problem. It will be their problem and our problem. Looking the other way will no longer be the easy option. Failure to report will now be a criminal offence.

One of the main findings of the justice committee was that there was much comment on institutional abuse whereas much abuse is inter-familial. For this reason we recommended that the legislation should strike a balance between confidentiality and the risk to children and vulnerable adults, in other words, we should tread carefully. I acknowledge that there has been debate about the legislation in respect of reasonable excuse and the choice of the victim not to report. In an ideal world all excuses would be outlined before the Bill is published.

I echo Deputy Regina Doherty's call on the Minister to continually review the impact of the Bill with the Minister for Children and Youth Affairs and to continue dialogue with organisations such as One in Four, on which we rely to give real insight into the incidence and reality of abuse of children and vulnerable adults. We must be vigilant in the implementation and review of this legislation to ensure that, along with the upcoming children's rights Bill, the vetting Bill and the children's referendum, it serves its vital purpose, that is, to protect our most vulnerable.

See this speech in context