Seán Kyne (Galway West, Fine Gael)

I am pleased to have the opportunity to speak on this important Bill. A society can progress only if it is prepared to learn from past mistakes. One of our society's gravest mistakes was the creation and maintenance of a culture of secrecy and undue deference. This contributed to the shameful abuse and exploitation of thousands of young and vulnerable citizens in communities and residential institutions. The abuse and exploitation was brought to light by some survivors who spoke out courageously against the prevailing silence. Their bravery led to the statutory inquiries which culminated in the Ryan and Murphy reports. Although long overdue, these reports have firmly recorded the shameful secrets of our country's past. Only last week we heard of certain failures in our recent past. Anyway, these reports must be accompanied by positive action.

The Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill is one element of the positive action needed. I welcome the provisions, which will enhance the protection of children in Ireland. The preparation of the Bill has included public consultation and a call for submissions from public and civil society organisations. Civil society organisations can provide invaluable assistance and insight into a range of areas to an extent simply not possible by public representatives because of other duties and tasks. Without doubt the Bill is richer and more comprehensive in outlining and achieving its objectives because of the contributions made by the Rape Crisis Network Ireland, Barnardos, One in Four, the Irish Society for the Prevention of Cruelty to Children, ISPCC, and others.

The regulatory impact analysis was important as well. It recommended independently that we need stand-alone statutory provisions to ensure a greater focus on effective protection of children and other vulnerable persons from serious crime. The Bill recognises the responsibility of communities to safeguard children. It does so by placing a duty on all citizens to report to An Garda Síochána any case of actual knowledge or a strong belief of an arrestable offence. Arrestable offences are listed in detail in the Bill. The distinction between actual knowledge or belief of an offence as opposed to mere suspicion or rumour is crucial because the reporting of false accusations can have detrimental effects on a person wrongly accused. I cannot think of a worse situation than for an innocent person to be wrongly accused of the crimes with which this Bill deals. The legislation lists in detail the defences on which a person may rely for not disclosing information. These defences are clear and straightforward. They respect the wishes of a victim of serious crimes provided he or she possess the capacity to make informed decisions. Special provision exists for designated professionals, including medical practitioners and social workers, as well as for parents and guardians. These provisions contain the important qualification that all decisions must be taken with the interests and welfare of the vulnerable person or child.

The former chairman of One in Four and current executive director of Amnesty International Ireland, Colm O'Gorman, who is a survivor of abuse, has recalled how the trauma he experienced was exacerbated by the realisation that people in the community knew of the abuse and even joked about it, but failed utterly to act responsibly and compassionately by reporting their knowledge to An Garda Síochána.

It is regrettable that the debate on the Bill has concentrated on the Catholic sacrament of confession and whether confessional privilege should apply. It is a complex matter of a personal and moral nature and one on which many views can be held. It should be accepted by all citizens, however, of all religions and none that this legislation is first and foremost about protecting children. This is not about singling out a particular religion and it shameful that some commentators have ignored the substantial provisions and focused instead on a populist, inaccurate angle.

It is worthwhile to consider the important work of the Rape Crisis Network Ireland. It has shown that almost 80% of childhood abuse victims have been abused by someone known to them. The State cannot and will not permit a situation whereby adults, especially those in positions of responsibility, are aware of criminal acts, in particular those of a sexual nature or those against children or vulnerable people, but choose to do nothing. Such an eventuality makes manifest the essence of the remark attributed to Irishman, Edmund Burke: "All that is necessary for evil to triumph is for good men to do nothing."

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