Joan Collins (Dublin South Central, People Before Profit Alliance)
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14. To ask the Minister for Justice and Equality the remedies that are available to victims of child sex abuse who believe that they were left unprotected by the actions of their solicitors; the legislative changes he plans to implement to hold the legal profession to account in this regard; and if he will make a statement on the matter. [9715/14]

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 makes it an offence for any person to deliberately withhold information regarding sexual and other serious offences committed against a child or other vulnerable person. Under section 2 of the Act, a person who knows or believes that an offence has been committed against a child and has information which he or she believes would be of material assistance in the apprehension, prosecution or conviction of that perpetrator and who fails to disclose that information to the Garda Síochána is guilty of an offence. That offence, however, is without prejudice to any right or privilege that may arise in criminal proceedings entitling a person to refuse to disclose information. The extent to which such right or privilege may arise would be a matter for a court to determine.

It is my understanding that the Law Society has also taken steps to try to address this question in the updated and third edition of 'A Guide to Good Professional Conduct for Solicitors' which it published in October 2013. In dealing with issues of privilege and confidentiality, guidance is provided in the new Guide for solicitors in relation to cases involving abuse or neglect of children as follows - "Similarly, there may be situations where an adult discloses abuse or neglect either by himself or by another adult against a child but refuses to allow any disclosure to third parties. If the situation indicates continuing sexual or other physical abuse, or ongoing neglect of a child, and there is a serious threat to the child’s life or health, whether mental or physical, but there is a refusal on the part of the client to allow disclosure of such information, if the situation is sufficiently serious, a breach of the overriding duty of confidentiality may be justified and a confidential referral to a medical practitioner can be made. The solicitor should consider whether the situation is sufficiently serious to justify such a breach." (A Guide to Good Professional Conduct for Solicitors, 3rd Ed., p.33-34)

In relation to the course of action open to a client of a solicitor who feels aggrieved by the actions of that solicitor in relation to the protection of the client's interests concerned, it should be noted that the Law Society is the statutory body responsible for the regulation of solicitors under the Solicitors Acts 1954 to 2013 to which complaints about such a grievance should be made. Under the Legal Services Regulation Bill 2011, which has just completed Committee Stage, this function will transfer to the new and independent Legal Services Regulatory Authority which will similarly become responsible for dealing with complaints about the professional conduct of barristers. Under this new and independent conduct regime, both solicitors and barristers will also be amenable to the new Legal Practitioners' Disciplinary Tribunal which will deal with allegations of serious misconduct.