Peter Fitzpatrick (Louth, Fine Gael)

I welcome the opportunity to discuss the Bill which is a welcome addition to the Statute Book. I am fortunate that on my travels throughout my constituency comprising Louth and east Meath the issue of sexual offences against children arose on very few occasions. This is despite the fact that Louth boasts two large urban population centres, in Dundalk and Drogheda.

The purpose of the legislation is to close an existing loophole in the law. Under the Offences Against the State (Amendment) Act 1998 it is an offence to withhold information in respect of a serious criminal offence. However, this provision of the 1998 Act specifically excludes sexual offences. Therefore, the Minister is bringing forward the Bill to ensure there is an obligation on persons who have knowledge of all serious offences, including sexual offences against children or vulnerable adults, to inform the Garda Síochána. I think it is fair to assume that all Members would support such a motion.

Recent reports such as Cloyne, Murphy and Ryan highlighted a litany of revelations concerning the sexual abuse of children and failure to respond to this abuse. It is clear from these revelations and the various published reports, that if those who had knowledge in the past of sexual offences committed against children had informed the Garda, many children who subsequently became the victims of abuse may have been protected from clerical sexual predators. Therefore, a compelling argument exists for closing the current loophole in the law and I reiterate that all right-minded people should support such a motion.

As Members are aware, the problem is not confined to offences against children, with a number of equally serious cases of vulnerable adults in institutional care being subject to serious sexual and physical abuse. These incidents should not be tolerated. It is very important that the Government produces legislation that affords protection from abuse to children or vulnerable persons in any scenario or location. This is what this Bill is about.

Under the provisions of the Bill it will be an offence to fail to disclose to the Garda Síochána, without reasonable excuse, information concerning certain serious criminal offences where such offences are committed against a child or vulnerable adult. These serious offences are listed in the Schedules to the Bill and all carry a penalty of imprisonment lasting five years or more. They include most sexual offences and offences such as assault causing harm or serious harm, cruelty to a child, the abduction of a child, manslaughter and murder. The Bill also establishes some limited defences for those charged under the Bill for persons such as a parent, guardian or medical professional acting in the interests of the health and well-being of the child or vulnerable person.

Members are aware the Bill is one element of a series of legislative measures to protect children and vulnerable persons to which the Government is committed. The Bill has been drafted to compliment the operation of the upcoming Children First Bill and the national vetting bureau Bill. The Bill addresses the role of the Garda Síochána. It requires that any person who has evidence that a person has committed a serious offence against a child or vulnerable person must provide the Garda with that information so the Garda can investigate the alleged crime.

I welcome the Bill. It strengthens the current legislation and closes a loophole that has existed for far too long. It is good legislation and should help to ensure that abuses are always reported to the appropriate authorities. I have no hesitation in commending the Bill to the House.

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