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Justice Minister Alan Shatter today announced the publication of the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012. The Bill is one element of a suite of legislation to protect children and vulnerable adults to which the Government is committed.

The Bill creates a criminal offence of withholding information in relation to serious specified offences committed against a child or vulnerable person. The offences specified include most sexual offences and offences such as assault causing harm, abduction, manslaughter or murder. These offences are also offences which are subject to a minimum penalty of 5 years imprisonment.

The primary purpose of this Bill is to close an existing loophole in our current law. The Offences Against the State (Amendment) Act 1998 provides for an offence of withholding information in relation to serious offences but specifically excludes sexual offences. The 2012 Bill will ensure there is an obligation on persons who have knowledge of any serious offence including sexual offences against children and vulnerable adults to inform the Gardaí.

Minister for Children, Frances Fitzgerald has also announced her proposals to place the Children First Guidelines on a statutory basis. The Withholding Information Bill and Children First represent a two-pronged approach to ensuring full reporting of offences, or suspicions of such, which are committed against children. Withholding Information requires the disclosure, to the Garda Síochána, of information concerning specified offences against children with a view to apprehending the perpetrator of the offence. Children First places an obligation on those working with or having access to children to report, to the HSE, incidents of abuse or allegations of abuse with a view to ensuring an appropriate response to child abuse and neglect.

In announcing the Government decision, Minister Shatter said:

I am delighted that the text of this important Bill has been approved. The Cloyne and Ryan Reports have clearly demonstrated the need to strengthen our law in regard to the disclosure of information regarding offences against children. It is not acceptable that there can be a cloak of secrecy surrounding such offences or offences against other vulnerable persons in our society.

Minister Fitzgerald said:

One core principle underpins this legislation. Child protection is everyone’s responsibility. Everyone. Every club, society, religious organisation, educational establishment and medical facility that works with children. Every doctor, counsellor, coach and teacher. Everyone who interacts with children. We need to foster a culture where every individual in this state feels themselves personally responsible for creating and maintaining a society where children are protected. We protect children by making sure that concerns are acted on, not ignored. No exceptions, no exemptions.

Ministers Shatter and Fitzgerald spoke to MerrionStreet.ie at the announcement earlier:

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