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Child Abuse

Dáil Éireann Debate, Tuesday - 6 November 2018

Tuesday, 6 November 2018

Ceisteanna (965)

Peadar Tóibín

Ceist:

965. Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs the penalties in place for persons who willingly make false allegations to Tusla regarding other persons. [45126/18]

Amharc ar fhreagra

Freagraí scríofa

The Protection for Persons Reporting Child Abuse Act, 1998, protects people who make a report of suspected child abuse to designated officers of Tusla, the HSE or to members of the Gardaí as long as the report is made in good faith and is not malicious.

Section 5 of that Act created a new offence of false reporting in cases where a report was made knowing the statement to be untrue. In such cases  it is a matter for An Garda Síochána to investigate.

It is an offence to make a false report. The penalties named in the Act, which can be imposed by the District Court, include a fine not exceeding €1,500 or a maximum of 12 months imprisonment, or both. A fine not exceeding €15,000 or a maximum of 3 years imprisonment or both, may be imposed  by a higher court  (Circuit or Central Criminal Court).

Tusla is not a policing body and makes determinations, to inform the delivery of services or as a basis to share critical information with third parties, on the credibility of an allegation on a balance of probabilities. Where a referral is not considered to be credible, other factors may need to be taken into account, including where the person involved may have a genuine belief or, for example, a mental health issue.

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