Withholding Information Bill must empower, support and protect victims

18th January 2012

The Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Adults) Bill 2012 must empower, support and protect victims, according to a report by the Oireachtas Committee on Justice, Defence and Equality.

The Bill must also act as a safeguard against possible future abuse and build on the statutory framework already in place or planned such as the Children First guidelines and proposed Vetting Bill, the Committee said.

The report is based on nine submissions the Committee received on the Heads of the Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Adults) Bill 2012 and a public hearing to examine in further detail some of the main points that were raised.

Chairman of the Committee, Deputy David Stanton said: “It became apparent that drafting legislation in this area would be extremely complex and difficult. In the course of the public hearing, it was noted that there had been much comment on institutional abuse; however, the Committee was informed that much abuse was interfamilial and it is important to highlight this fact.

The legislation needs to strike a balance between confidentiality and the current risk to children and vulnerable adults. The submissions gave examples of areas of concern to those who provide support to those who are victims and/or survivors of abuse.”

Among the concerns and issues raised were:

• The lack of clarity on whether it was mandatory to report suspected abuse to the Gardaí as opposed to perhaps other agencies, such as the HSE.
• Mandatory reporting to the Gardai involved the reporter in the Criminal System which could lead to less reporting.
• High levels of abuse occur in family settings and this can lead to additional difficulties regarding reporting due to conflicts of loyalty.
• The non-criminalisation of children who fail to report was also discussed.
• It is essential the necessary supports are available to any child or vulnerable adult who seeks assistance in relation to any form of abuse.
• A public awareness campaign regarding the obligations and responsibilities which this legislation will place on every citizen to report suspected abuse should be undertaken.

Deputy Stanton said: “I would like to thank all those who took part in this process and encourage continued co-operation between State agencies and NGOs in this area. I look forward to the publication of the Bill and further engagement with the Minister as the Bill progresses through the Houses. I would also like to thank the Members of the Joint Committee of their participation and hope that this process will result in legislation that is robust and which has the desired effect.”

For further information please contact:

Ciaran Brennan,
Houses of the Oireachtas,
Communications Unit,
Leinster House,
Dublin 2

P: +3531 618 3903
M: 086-0496518
F: +3531 618 4551

Committee Membership

Deputies:
Dara Calleary, Michael Creed,Tom Hayes, Seán Kenny, Finian McGrath, Jonathan O’Brien, David Stanton (Chairman), Alan Farrell and Joanna Tuffy [Vice-Chairman]
 
Senators:

Ivana Bacik, Paul Bradford, Martin Conway, Rónán Mullen, Denis O’Donovan.

Notes to the editor

• Report from the