Pat Breen (Clare, Fine Gael)
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Question 534: To ask the Minister for Justice, Equality and Law Reform if, in view of the recent Ferns Report and the alleged cover-up by persons in authority, every person in authority including clergy and all public servants on becoming aware of a breach of the law or serious wrongdoing is both morally and legally obliged to report such matters to an appropriate body, if so, to whom such matters should be reported; and if he will make a statement on the matter. [32847/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Government has accepted in principle the recommendations in the Ferns report and has given a commitment to their implementation by all relevant Departments and agencies.

The Ferns inquiry has identified a gap in the criminal law regarding failure to act to alleviate the risk of injury or sexual abuse of a child. The report recommends that consideration should be given to the introduction of a new criminal offence which would apply to situations where any person, wantonly or recklessly, engages in conduct that creates a substantial risk of bodily injury or sexual abuse to a child or wantonly or recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act. I am at present examining that recommendation with a view to introducing an appropriate amendment to the Criminal Justice Bill which is at present before this House.

With regard to the other recommendations which fall within my specific area of responsibility, I am examining legal aid provisions with a view to giving effect to the recommendation that legal aid, irrespective of means, be available to both complainants and priests against whom allegations are made where the cases are not determined by the criminal courts. I am also examining in consultation with the Attorney General's office the recommendation that certain documents relating to child sexual abuse should be given legal privilege.

The report contains a number of recommendations relating to Garda procedures. I have forwarded a copy of the report to the Garda Commissioner who will consider it and take on board its recommendations in this regard.