Seanad debates

Wednesday, 26 October 2005

11:00 am

Photo of Feargal QuinnFeargal Quinn (Independent)

We were all horrified by what we read in the Ferns report. We need legislation in this area, but we must be very careful not to have a knee-jerk reaction. For many years I have employed people to look after children in what we call "play houses". Before employing these people we contact the Garda to check the applicants are acceptable for such positions. I have now learned that if allegations had been made about somebody, but he or she had not been found guilty in court, the Garda could not report allegations had been made about that individual. I understand why that is so. However, I read in today's newspaper that the proposed legislation refers to somebody who is deemed to be a serious risk. There is a strong constitutional right for somebody who has never been found guilty not to be reported as somebody who could be deemed to be a serious risk. We must be very careful with regard to the required legislation. We do not want to pass legislation that does not protect children, but we must ensure the legislation is constitutional.

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