Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012: Report and Final Stages
Before we commence, I remind Members that a Senator may speak only once on Report Stage, except the proposer of an amendment, who may reply to the discussion on the amendment. In addition, on Report Stage each amendment must be seconded.
Amendments Nos. 1 to 4, inclusive, are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 1:
In page 10, between lines 40 and 41, to insert the following:
"(4) If, in relation to an application undersubsection (2), the Minister is not satisfied having regard to the provisions of section 4 that it is appropriate to prescribe the organisation or body concerned as a prescribed organisation for the purposes of that section, he or she shall refuse the application.”.
As I indicated on Committee Stage on 12 June, I have tabled some minor amendments to clarify further the provisions of sections 5 and 6 of the Bill. These sections deal with the prescribing of organisations and the prescribing of a class or classes of persons who work for those organisations. The purpose of the sections is to allow that the defences set out in section 4 of the Bill will apply to these organisations and the relevant persons. These provisions are important to ensure that organisations that provide counselling and crisis support to victims of offences can engage with the victims and can provide the necessary therapy and support without immediately being required to report the offences against the victim to the Garda. I again highlight that such defences only apply in cases in which the organisation or person can show that it, he or she acted in the interests of the health and well-being of the victim concerned. The purposes of the amendments that I have introduced are twofold. Amendments Nos. 1 and 3 make a provision that the Minister can refuse an application for the designation, in respect of an organisation or in respect of a class or classes of persons, if the Minister is not satisfied that the organisation or classes of persons meet satisfactorily the requirements of section 4 of the Act. This is implied by sections 5 and 6 of the published Bill but I have introduced these amendments to make this clear and explicit.
Amendments Nos. 2 and 4 provide that the Minister may revoke the prescribed status of organisations or class or classes of persons. The amendments also provide that in such cases, the Minister will be required to notify the organisation before making such a decision and will be required to allow them to make a submission to the Minister, which will be taken into account before a decision is made. Logically, given that the Bill provides a mechanism for the Minister to prescribe certain organisations and persons, there clearly also must be a mechanism for the Minister to revoke the decision to prescribe an organisation or classes of persons, should this be necessary.
Amendment agreed to.
Government amendment No. 2:
In page 10, between lines 43 and 44, to insert the following:
"(5) Where an organisation or body has been prescribed by the Minister under this section for the purposes ofsection 4, the Minister may, if he or she is of opinion that it is no longer appropriate for the organisation or body to be so prescribed, revoke that prescription of the organisation or body by order made under this subsection for that purpose.
(6) Whenever the Minister proposes to make an order undersubsection (5), he or she shall inform the organisation or body concerned in writing of the proposal and of the reasons for it and he or she may specify a period for the making of a submission under subsection (7).
(7) An organisation or body to which a proposal to make an order undersubsection (5) relates may make a submission to the Minister within the period (if any) specified by the Minister under subsection (6) regarding the proposal specifying the reasons why the order should not be made.
(8) The Minister shall consider any submission made to him or her undersubsection (7) before making an order under subsection (5).”.
Amendment agreed to.
Government amendment No. 3:
In page 11, between lines 43 and 44, to insert the following:
"(5) If, in relation to an application undersubsection (2), the Minister is not satisfied having regard to the provisions of section 4 that it is appropriate to prescribe the class or classes of persons concerned employed or otherwise engaged by the organisation or body in the provision of its services as prescribed persons for the purposes of that section, he or she shall refuse the application.”.
Amendment agreed to.
Government amendment No. 4:
In page 11, between lines 46 and 47, to insert the following:
"(6) Where a class or classes of persons have been prescribed by the Minister under this section for the purposes ofsection 4, the Minister may, if he or she is of opinion that it is no longer appropriate for the class or classes of persons to be so prescribed, revoke that prescription of the class or classes of persons by order made under this subsection for that purpose.
(7) Whenever the Minister proposes to make an order undersubsection (6), he or she shall inform the organisation or body to which the proposal relates in writing of the proposal and of the reasons for it and he or she may specify a period for the making of a submission under subsection (8).
(8) An organisation or body to which a proposal to make an order undersubsection (6) relates may make a submission to the Minister within the period (if any) specified by the Minister under subsection (7) regarding the proposal specifying the reasons why the order should not be made.
(9) The Minister shall consider any submission made to him or her undersubsection (8) before making an order under subsection (6).”.
Amendment agreed to.
Bill, as amended, received for final consideration and passed.
Sitting suspended at 2.05 p.m. and resumed at 2.20 p.m.
