Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

To answer Deputy O’Callaghan, he is correct and of course it would include a member of the clergy or a sports coach. It is absolutely envisaged that they would be dealt with under the definition.

Amendment No. 2 proposes to include the words "faith formation" in the definition of a person in authority in section 15 of the Bill. This section amends the definition of person in authority in section 1 of the Criminal Law (Sexual Offences) Act 2006. The Act provides for offences of engaging in sexual acts with children, and a person in authority who engages in a sexual act with a child is subject to greater penalties, reflecting the very serious breach of trust involved.

With respect to the amendment itself, I do not believe it is necessary for a number of reasons. The first is because of what Deputy O'Callaghan has said. Section 15(a)(f) of the definition of person in authority is sufficiently wide to include those with responsibility for religious or faith instruction. The definition is wider than the definition we have at present under the 2006 Act which it will replace. As an addition to including persons with responsibility for the education, supervision or welfare, which would include spiritual welfare, of a child, it also includes those with responsibility for the training and care of a child. I am absolutely satisfied the definition addresses the matters raised by Deputy Shortall.

A second issue arises, which is a drafting problem with the words "faith formation", because it is an undefined phrase which, at the very least, could be very broadly interpreted. At a colloquial level we all understand it but from a legal perspective it could be seen as very vague and leave the definition open to challenge, perhaps undermining the purpose of the amendment. This is a concern I have. Having said this, I am advised the existing definition, by referencing those with responsibility for the education, supervision, training, care or welfare of a child, includes members, and I want to be very clear about this, of religious orders who are in a position of authority in respect of a child.

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