Seanad debates

Thursday, 10 May 2012

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

 

The Bill must give separate consideration to what provisions are appropriate if the victim does not have the capacity to report the offence and the offender is a family member. In these circumstances it is considered that it is not appropriate for the parent or guardian to act on behalf of the child because of the potential conflict of loyalties within the family. The Bill, therefore, provides in section 4(8) that in these circumstances a designated health care professional providing services for the child or vulnerable person in respect of the harm or injury caused by the offence may make it known that, in his or her view, the information on that offence should not be disclosed, provided he or she can show that he or she is acting for the purpose of protecting the health and welfare of the child or vulnerable adult. In making these provisions I am trying to ensure the Bill will not discourage a victim from seeking appropriate treatment at a time when he or she is too traumatised by what has happened to go through the additional trauma of making a report to the Garda. It is, therefore, necessary that in cases where the victim is very severely traumatised a medical professional who is treating him or her can decide that it is not in the interests of his or her health and welfare to report the offence at that time. It is important to note that the medical professional will still be under an obligation to notify the HSE of the abuse of a child under the Children First guidelines which are to be placed on a statutory footing by the Children First Bill. The draft scheme of that Bill has been published by my colleague, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and is under consideration by the Joint Committee on Health and Children. This separate obligation to notify the HSE contained in the Children First Bill is important to ensure that even where an offence is not reported to the Garda Síochána under this Bill, the victim must receive the appropriate supports, treatment, monitoring and protection. I anticipate that the number of cases in which it will be appropriate for a medical professional to decide on behalf of the victim that a report should not be made to the Garda in these circumstances will be limited in number. In cases in which the victim is very severely affected by the offence, this provision will be vital in order to provide the most appropriate protection for his or her health and wellbeing and not put him or her under unnecessary pressure.

Comments

No comments

Log in or join to post a public comment.