Seanad debates

Tuesday, 12 June 2012

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

 

6:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

Yes, but not in the context of civil law, the role of the State and legislation. The Catholic Church is entitled to have its own canon law and the Jewish religion is entitled to have its own tenets. All of the Muslim and various Protestant faiths have different tenets and principles but when it comes to civil law, the State is agnostic of those. The State's position is to enact laws in the interests of the people of this country. This is a law to protect children and vulnerable adults. Whatever is being said by bishops to other bishops in Rome or Italy, or whatever is said by bishops or other members of the clergy in Ireland, they are bound by our laws in the same way that all of us in this House are bound by our laws. That is the position.

I have not addressed another issue but it is important I do so. Senator van Turnhout and Senator Cullinane raised some issues about the relationship between the Children First legislation and this Bill. There are some differences. Under the Children First legislation there may be an obligation to report to the HSE abuse of a child in circumstances where there is not an obligation to report an incident to the Garda. The HSE would be perceived as providing supports and counselling but the Garda Síochána would put in place an investigative process. There are certain differences and in certain circumstances it will become necessary to report to the Garda and possibly both in respect of legislation.

For too long, too much abuse of children in this State has been hidden and inadequately reported. We are creating a regime under the heads of the Bill being prepared by my good friend and colleague, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and it will ensure a degree of synergy and coherence in the manner in which reports are made to the HSE by a broad range of bodies which have obligations. The Bill before us is legislation that may apply to both professionals and the general public to ensure crucial information is furnished to the Garda and, where necessary, investigations and prosecutions can be taken. It will also ensure those who prey on children or vulnerable adults are brought before the courts and not given impunity to prey on a series of different vulnerable individuals, which we have seen happen too frequently in the past.

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