Joan Burton
Ceist:62 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his plans to legislate to restore the offence of misprision of felony; and if he will make a statement on the matter. [12986/10]
Amharc ar fhreagraThursday, 25 March 2010
Ceisteanna (63)
Freagraí scríofa
There is a number of offences on the statute book which address the question of withholding information about serious offences, but let me first of all clarify what is meant by misprision of felony. As the Deputy may be aware, misprision of felony was a misdemeanour under the common law. It was committed by a person who knew that a felony had been committed and who could give information which might lead to the felon's arrest, but refrained from reporting it to the relevant authorities. Some exceptions were recognised, for example, where the information became available within the context of a privileged relationship, such as between lawyer and client, doctor and patient, clergyman and parishioner.
The Criminal Law Act 1997 abolished the categorisation of offences as felonies and misdemeanours, with effect from the commencement of that Act. The 1997 Act also introduced new offences of acting in a way that impedes the prosecution of persons who had committed an arrestable offence (section 7(2)) or of concealing an arrestable offence committed by another person in return for consideration (section 8). I also draw the Deputy's attention to two other provisions. Section 17 of the Offences Against the State Act 1939 makes it an offence to administer an oath that requires a person to abstain from disclosing or giving information on the commission of any crime. Section 9 of the Offences Against the State (Amendment) Act 1998 makes it an offence to withhold information concerning serious offences (whether being planned or already committed). The definition of serious offence for the purposes of the Offences Against the State (Amendment) Act 1998 does not include offences of a sexual nature. Section 176 of the Criminal Justice Act 2006 deals with a more specific situation. It creates an offence of reckless endangerment of a child. The offence arises where a person is in a position of authority in respect of a child or in respect of a person who is, within the meaning of the section, an 'abuser' and where that person knows that a child is at risk of harm or abuse but fails to take reasonable steps to protect a child from that risk.
Having regard to the statutory provisions already in place, I have no immediate plans for legislation in this area