Alan Shatter (Dublin South, Fine Gael)

This group of amendments provides clarification on the organisations and persons who may be prescribed under the Bill for the purpose of a defence under section 4. As discussed during Second Stage, it is intended that there would be a defence available for those organisations and persons who provide counselling and other support services to victims of physical or sexual abuse. In submissions to the Oireachtas committee, a number of organisations which provide counselling and support services to victims of sexual abuse made the point that they often have to work with victims for an extended period before the victim can reach a decision whether to report an offence to the Garda. I am anxious that in such circumstances the victims are not discouraged from accessing supports which they need because of concerns that the seeking of such supports will immediately require a report of the crime to be made to the Garda.

Amendment No. 9 introduces a new section 5 which provides for prescribed organisations. This amendment provides additional clarification on the types of organisations which may be prescribed under the Bill and the requirements which they must fulfil to be so prescribed. Under the new section, the Minister for Justice and Equality may, if satisfied that it is appropriate to do so, prescribe an organisation or body for the purposes of section 4. However, only those organisations which provide services to children or vulnerable persons who have suffered injury, harm or damage as a result of the abuse, may make application to be become a prescribed organisation. Subsection (2) sets out the content of the application. It requires the organisation or body to detail the nature and type of services provided by the organisation or body and the numbers of children or vulnerable persons who have received such services from the organisation, and to set out the code of practice, if any, of that organisation or body. Subsection (5) defines the term "services" as relating to the resolution, through guidance, counselling or otherwise, of personal, social or psychological problems or the care of persons in need of protection, guidance or support.

Amendment No. 10 makes a similar provision in regard to prescribed persons. A new section 6 is proposed which is directed at those persons such as counsellors who are within a prescribed organisation and providing the services directly to the clients. A prescribed organisation may apply to the Minister for Justice and Equality requesting that a person or persons within the organisation may be prescribed for the purpose of the defence under section 4. Subsection (2) sets out the information which is required when making such an application and includes information concerning the nature and type of services provided by the persons, their expertise and qualifications, the arrangements within the organisation for training and development of such persons, as well as the procedures and systems for assessing the services provided. Subsection (3) confirms that only persons employed or otherwise engaged by prescribed organisations may be prescribed under the Bill. As with amendment No. 9, this new provision clarifies the types of persons who may be prescribed under the Bill and the requirements which must be met in order to be prescribed.

Amendment No. 2 is consequential on amendments Nos. 9 and 10. It deletes from the Bill the references to prescribed organisations and prescribed persons. Amendments Nos. 5 and 6 are also consequential on amendments Nos. 9 and 10 and update cross-references in light of the new sections. I advise the House that I will propose some further minor amendment to the new sections 5 and 6 on Report Stage to provide a mechanism to revoke the designation of prescribed organisations or prescribed persons, where appropriate.