Seanad debates

Tuesday, 12 June 2012

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

 

4:00 pm

Photo of Paul BradfordPaul Bradford (Fine Gael)

We were having some general dialogue on section 4. I made the point that while the exemptions and opt outs in section 4 are necessary and understandable, it reduces what we all thought would be the impact of the Bill at the time of publication. We thought that this Bill would chart a new way forward and would state in black and white legislation that the withholding of information was wrong in all circumstances. I understand why these opt outs and exemptions are necessary, but it is a little disappointing that we have to recognise that the reality and practice of law can sometimes be different to what we would aspire them to be.

The initial stages of the public debate on the Bill focused almost entirely on one issue, namely, the seal of the confessional. By virtue of what the Minister said on Second Stage and the further clarification we have received, that matter is being dealt with in a mature and sensitive fashion.

I would like the Minister to comment on the overall impact of section 4. I know it is not designed to reduce in any way the influence and the value of the legislation. I must say that it is a little bit disappointing to come forward with legislation which we feel is strong enough in every respect to deal with the withholding of information, but then when we have to deal with it in the cold light of day, we see so many categories and areas where provision for an exemption must be made. Perhaps the Minister could reassure us that the Bill is still strong and will be effective.

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