Seanad debates

Thursday, 10 May 2012

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

 

In submissions to the Joint Committee on Justice, Defence and Equality reference was made to the difficulty which arose when the victim did not have the capacity either to report the offence or to make a decision as to whether he or she wanted another person to report it on his or her behalf. As I have pointed out, many victims of abuse do not have the capacity to report offences against them owing to their age or other vulnerability. Such victims should be able to rely on another person to act on their behalf. The Bill provides that where the victim does not have the capacity to form a view as to whether the commission of the offence should be disclosed to the Garda and the offender is not a family member, the parent or guardian can make known, on behalf of the victim, that he or she does not want the offence to be reported to the Garda. An important safeguard in this circumstance is that the parent or guardian concerned must have reasonable grounds for acting on behalf of the child or vulnerable adult and must show that in so doing, he or she acting in the best interest of the child. He or she must also show that he or she had regard to the wishes of the child. These provisions are set out in subsections (2) to (7) of section 4.

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