David Cullinane (Sinn Fein)

I wish to comment on a number of points. In his response, the Minister mentioned unhelpful media coverage and the range of different opinions expressed in the media. I agree that these are unhelpful but that is outside our control. In this House we are concerned about the direct question, and Senator Hayden's comments go straight to the heart of the issue. The Minister stated earlier, quite emphatically, that there are no exemptions, which is important. There must be clarity and there should be no grey areas. The media may be reporting different views on either side of the issue, and it is important for there to be absolute certainty and clarity.

The Minister mentioned sections 2 and 3, and I assume they apply to everybody, including priests and any reporting of abuse that may be made in a confession. We are absolutely certain of that. I do not know if there is an issue with the argument in the Bills digest, which is somewhat different from the Minister's opinion. That document indicated that in Ireland, the courts have held that priest-congregant privilege exists in Irish law. Judge Gavin Duffy held in Cook v. Carroll that a priest had sacerdotal privilege, which would give him a right to "refuse in a court of law to divulge any confidential communication whatever made to him as a priest". The document refers to the Wigmore principles mentioned by the Minister, although the wording may be slightly different.