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Legal Services Regulation

Dáil Éireann Debate, Tuesday - 10 December 2013

Tuesday, 10 December 2013

Questions (94)

Clare Daly

Question:

94. Deputy Clare Daly asked the Minister for Justice and Equality the steps that can be taken by either his office or the Law Society to deal with a practising solicitor who suppresses information in his or her possession in relation to child sexual abuse, leading to a continuation of that abuse. [52651/13]

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Written answers

The investigation of any allegation of criminality is a matter for An Garda Síochána, and my office has no direct role in this regard. 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.

I understand that the Law Society has also taken steps 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. This guidance anticipates that there may be exceptional circumstances involving children where a solicitor should consider revealing confidential information to a medical practitioner. Similarly, if a situation indicates continuing sexual or other physical abuse, or ongoing neglect of a child, 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 over-riding duty of confidentiality may be justified. Under the guidance it is considered that in such cases, the solicitor should consider whether the situation is sufficiently serious to justify such a breach.

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