Written answers

Tuesday, 31 March 2015

Department of Justice and Equality

Legislative Measures

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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397. To ask the Minister for Justice and Equality if she will enact a statutory instrument under Part 15 of the Criminal Justice Act 2006 to insert elders and vulnerable adults under the provision dealing with reckless endangerment of children; her plans to address abuse and reckless endangerment of elders and vulnerable adults. [13170/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Under section 176 of the Criminal Justice Act 2006 it is an offence for a person who has authority or control over a child, or over a person who has abused a child, to intentionally or recklessly endanger the child by causing or permitting the child to be placed or left in a situation which creates a substantial risk to the child of being a victim of serious harm or sexual abuse. It is also an offence to fail to protect a child from such risk while knowing that the child is in such a situation. This offence was introduced on foot of a suggestion contained in the 2005 Ferns Report into allegations of clerical child sexual abuse.

Any amendment to this section requires primary legislation and it cannot be added to or amended by statutory instrument.

However, I would like to remind the Deputy that, in addition to the general criminal law, there are arrangements in place to promote the protection of children and other vulnerable persons from abuse by those charged with their welfare such as the garda vetting of employees which is used by employers to determine the suitability of prospective employees. The HSE also operates a dedicated Elder Abuse Service for reporting any incidences of abuse or suspected abuse.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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398. To ask the Minister for Justice and Equality the legislation she envisages being repealed with the enactment of the gambling control Bill; and if she will make a statement on the matter. [13188/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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It is envisaged that the Gambling Control Bill, which is currently with the Office of Parliamentary Counsel for drafting, will, upon enactment, repeal all extant betting and gaming legislation including the Totalisator Act 1929, the Betting Act 1931 and the Gaming and Lotteries Act 1956. The Deputy will be aware that legislation governing the National Lottery will not be affected by the enactment of the Gambling Control Bill.

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