Seanad debates

Thursday, 10 May 2012

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

 

Section 2(4) provides that the Bill is without prejudice to any right or privilege recognised in law. In that regard, this provision is simply to allow the courts to use their normal discretion in considering issues of privilege. There has been much media comment suggesting the Bill has an effect on the "seal of confession" or sacerdotal privilege. As is the position with regard to the 1998 Act, there are no defences in this legislation which would specially apply to information received in the confessional box, nor is there a specific provision relating to the confessional. It will continue to be a matter for a court before which a person is prosecuted to determine whether there is a particular privilege or whether it applies in the circumstances of a particular case.

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