Seanad debates

Thursday, 10 May 2012

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

 

Members will note that there is a presumption in section 4(2)that a child under 14 years of age does not have the capacity to decide whether he or she should report an offence. They might wonder why this age has been chosen. It is important to state a child of any age can, if he or she wishes, choose to report an offence. Nothing in the Bill prevents this happening. The reference to the age of 14 years in the Bill is to allow the parent or guardian to act on behalf of the child, where he or she is below that age limit. The age of under 14 years has been chosen because a child of 14 years or over is legally considered to be competent to give evidence on oath or affirmation under the provisions of the Criminal Evidence Act 1992. Having considered the options, the Government agreed that under 14 years is the most appropriate age. The law would be inconsistent if it allowed a person of 14 years or over to give evidence under oath but did not recognise such persons as having the capacity to determine whether information on an offence against them should be disclosed.

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