Dáil debates

Wednesday, 27 June 2012

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

 

5:00 pm

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)

I thank Deputy Collins for allowing me to contribute. I want to make three specific points on the Bill. I thank the Minister for being present to hear what Members have to say on it.

My first point is informed by reports I read recently of a Garda inspector's report into the way reports of child sex abuse were handled and whether that could be done differently or better by the Garda Síochána. That report makes clear the responsibility upon people who become aware of information regarding the sexual abuse of children. An obvious but important point to make is that we must now put as much focus as possible on what happens when such a report is made to the Garda Síochána and how that is handled.

Two points in the report stood out as a cause of concern. First, the report alleged that 65% of reported crimes of the abuse of children were not recorded properly. In an analysis of a group of sample cases of reported abuse within the Dublin area, it appears that a very small number of those cases had the correct documents completed detailing the responsibility of the Health Service Executive and the responsibility of the Garda Síochána.

We are making great strides forward in clarifying the role of people who have this information and their duty in that regard. The Minister has already acknowledged the recommendations in that report such as the need to have an Assistant Commissioner with responsibility for this area and ensuring that any reported cases go directly to trained detectives. I ask that we would make progress as quickly as possible in implementing those recommendations to ensure that the important developments in the Bill can be meaningfully implemented on the ground.

The second point concerns the issue of reasonable excuse in the Bill, which is the number of conditions upon which somebody who has information on the abuse of a child can be given an excuse by the law not to have brought forward that information. As the Bill winds its way through the Oireachtas, I ask that we refine and give thought to the meaning of that condition of reasonable excuse. I am conscious that so many of the cases of child abuse that take place are perpetrated by people known to the victim and with whom they already have a relationship. It is important to refine the concept of "reasonable excuse" to ensure the Bill is properly implemented and does not provide any loopholes that can be exploited in the future.

With regard to the role of the HSE, I am aware the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, will bring forward Children First legislation shortly. I urge that both Bills are co-ordinated so that we do not find ourselves in a situation where somebody aware of information reports it to the HSE but then finds himself or herself open to sanction because of the implementation of this Bill.

I thank Deputy Áine Collins for allowing me in to speak at this time.

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