Alan Shatter (Dublin South, Fine Gael)

The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Bill is under consideration by the House with Report and Final Stages to be considered tomorrow. The primary purpose of the Bill is 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. In drafting the Bill I also have to be very mindful of the fact that the balance of evidence suggests the majority of abuse of children or vulnerable adults takes place in the person's own home. The Bill applies to all persons, to all organisations and to all sectors of society. It is very important that we produce legislation that affords protection from abuse to children or vulnerable persons, in any scenario or in any location. This is what the Bill is about. It also must be borne in mind that existing provisions in the criminal law for the protection of children continue to apply. This includes section 176 of the Criminal Justice Act 2006 which makes it an offence for a person with authority or control over a child, such as a parent, to intentionally or recklessly endanger a child by causing or permitting a child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse. I therefore do not believe that the Bill significantly alters the responsibilities of a parent under the law. However, the Bill also establishes some limited defences for persons such as a parent or guardian or medical professional who, acting in the interests of the health and well-being of the child or vulnerable person, fails to make a report to the Garda. The Bill also includes a defence of reasonable excuse. This provision would cater for the type of situation referred to by Deputy Mitchell O'Connor where a parent may also be a victim of violence and may be too frightened and intimidated by a violent partner to go to the Garda. The Members of this House are aware the Bill is an important provision in the suite of legislation we are bringing into force to protect children.

The Probation Service, known as the Probation and Welfare Service many years ago, provided child welfare reports to the District Court to assist District Court judges make decisions on issues relating to custody and access. Unfortunately, many years ago the then Government ended this function of the Probation Service. There is a gap in the District Court and Circuit Court systems in that I believe the courts require the assistance which can be provided by child assessments in making determinations in this area. It is an issue that will be addressed in the context of the legislation to establish family courts. It will be a difficult issue to address in the context of the limited resources currently available. However, I am determined to address the issue and ensure the gap which exists in this area is adequately filled during the lifetime of the Government.

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