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Updated, 12:22
THE CONTROVERSIAL new legislation which would make it a criminal offence not to disclose information relating to the abuse of a child would not address the current exemptions granted to priests, it has emerged.
A briefing paper for TDs and Senators, produced by the Oireachtas library service, has noted that the Withholding of Information on Offences against Children and Vulnerable Persons Bill does not remove the privilege given to priests under a court ruling from 1945.
In that ruling – in the case of Cook v Carroll – the High Court held that priests enjoyed “sacerdotal privilege”, which gives them the right to “refuse to divulge any confidential communication whatever made to him as a priest”.
That means that any disclosures made to a priest – even if they are not given through the sacrament of confession – do not have to be referred onwards, as they are considered to have been made in confidence.
The report, covered by the Irish Daily Mail this morning and seen by TheJournal.ie, notes that the Bill being brought through the Oireachtas at the moment does not make reference to, or rescind, any privileges – meaning it would continue after the Bill is enacted.
The Children’s Ombudsman, Emily Logan, had recommended that the legislation include clauses which removed sacerdotal privilege, “given the serious nature of arrestable offences against children”, but such legislation was not included.
“While it is for the Attorney General to advise on the constitutionality of any proposed legislation, this Office does not believe that it would be unconstitutional for the legislation to be extended to the confessional and this Office recommends that it be so extended,” Logan said.
In any event, it should be clarified that sacerdotal privilege in respect of communications outside the confessional cannot give rise to a reasonable excuse.
Some jurisdictions limit privileged communications where alleged child abuse is involved; a number of states in the US recognise only client-lawyer privilege in such cases, while others do not recognise any privilege in communications relating to suspected child abuse.
The Oireachtas library routinely compiles objective and impartial briefing papers on legislation, to help legislators understand the implications of each Bill that comes before them.
A Leinster House spokesman said the service produced a Bills Digest and Debate Pack, which together were “designed to assist members in their scrutiny of legislation before the Houses”, though neither constituted formal legal advice.
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Pyjamas must be good at blocking the sun
As usual the rest of the flipping country doesn’t exist !?
This is the journal.ie not the farmers journal!
Complain to Trinity! It was their study!
My only regret… is that I have.. boneitis
Boneitis?does that mean you keep getting boners?
Looks like anyone on the Northside is in big trouble!!
How do u figure that as there are no figures given for the northside ?
Hang on pal,I live on the north side and at this moment I’m basking in glorious sunshine out de back and my vitamin D levels have gone true de roof.I wouldn’t dream of living on de southside.must dash now and put some factor 30 on.
@Gerry Fallon: Doo de rite in de code?
The people who are vitamin D deprived are sitting in darkened rooms shooting up or smoking crystal meth … We know thats how they roll in Lucan… bitches…
They show a map of D deficiency across South Dublin not Dublin. Typically Dublin finishesat the liffey.
Anyone who thinks doing a study to raise awareness of a deficiency in Vit D is crap or wonders ‘does anyone care?’, is very ignorant and a bit thick.This is incredibly important.And should be shared through social media.Its a huge problem and maybe some people on here should attend hospitals and talk to people with the resulting ailments and ask them,’if you had known you had a vit D deficiency and all you needed was to take a supplement to avoid unnecessary pain,would you have taken one?’.'I’d wish i’d known’-would probably be the overwhelming answer.
@(((Dar o Rourke))): Good start to your campaign with the thick and ignorant name calling. Btw you still need sunlight to activate the D supplement you take, you should add that to the rant.
Good luck.
There are also links between mental health issues and vitamin D deficiency. This study is definitely not a waste of time.
@Cormac Laffan: Thanks Cormac .Would you mind showing me some supporting evidence that a Vit D supplement needs sunlight to be activated please?
@(((Dar o Rourke))):
Full article,
https://www.ncbi.nlm.nih.gov/books/NBK56061/
Breakdown image,
https://www.ncbi.nlm.nih.gov/books/NBK56061/figure/ch3.f1/?report=objectonly
Lots of misinformation about, of course people will be ignorant of the research, don’t forget the researchers were too.
Sun and supplements together are best practice atm, especially in Ireland.
Good to be reminded though, must pick some up this week
@Cormac Laffan: Cheers Cormac,I see where you are coming from.The name calling was due to the seriousness of this as their comments were getting a good few ‘likes’ which was concerning.
Have these people nothing better to do? Who pays for this crap?
Does anyone actually care?
The problem with vitamin D3 deficiency is lack of sunlight and medical professionals. Saying that high doses of V 3 are dangerous. There are a 1000 studies and results of these double blind studies available on google medical research sites from all over the world. Stanford university is a leader in this research. I am a living experiment at 70 yrs of age I started taking VD 3 in 2011 on the advise of a research student at Stanford who was involved in the research and had her father a friend of mine on Vd 3. After the first 3 months of taking 20 to 30000 units per day my right shoulder which had been badly injured in accident in 1999 fully recovered and several other joint ailments I had already went away 4 years later I am still using it and feel wonderful I haven’t had a cold or flu. Since March 2012. I am a retired civil servant and I buy myVd 3 on amazon as you cannot buy the higher doses in Ireland only about 1000 iu. Because medical fraternity don’t either know or believe in it besides which I am in great health and only visit doc every 12 months for annual check. Vitamin D3 doesn’t cure anything it simply boosts your immune system to fight illness… we usually get poor sunlight In Ireland.. this summer was an exception.
Further to above vitamin D3 is a secosteroid naturally occurring In the body when strong sunlight hits the skin. It’s technical name is cholecalciferol and it is too complex for pharmaceutical co to make it. It is actually harvested from Sheeps wool and the main. Source seems to be China at the moment When Sheeps wool is boiled the white foAm that comes off the wool is dried and forms a white powdery substance which is then refined and either sold In Tiny tablet form of is in capsule form in lanolin. We need to take it on a daily basis as it only stays In The body about 24 hours it is stored in out body fat. All this information is on google
@John Mullins: I take 10000iu daily. My D3 levels are very low. It helps, especially in the winter to lift depression.
Not very extensive
Just take a supplement in winter problem.solved !
Need the run to activate it
*sun
@An_Beal_Bocht: Where does it say that you need the sun to activate the supplement?
@An_Beal_Bocht: You don’t need the sun to “activate” it. Your body can metabolise D3 in supplement form. In fact, it’s required to supplement it the more northern you go due to less sunlight.
Terrible map and description really. Let’s pick a few random spots and the call it Dublin? So many areas missing…
Appears to be zero north of the Liffey? Presumably only southsiders have a God given right to sun?!
Just heard Ryan air are to build a terminal in D16.
have your say