Commission To Inquire Into Child Abuse Act, 2000

Prohibition of disclosure of information provided to Confidential Committee.

27.—(1) Subject to the provisions of this section but notwithstanding any provision of, or of an instrument made under, a statute or any rule of law, a person (including the Confidential Committee) shall not disclose information provided to the Confidential Committee and obtained by the person in the course of the performance of the functions of the person under this Act.

(2) A person referred to in subsection (1) (“the person”) shall disclose information so referred to—

(a) for the purpose of the performance of the functions of the person under this Act,

(b) to the legal representatives of the parties to any proceedings referred to in subsection (3),

(c) to a member of the Garda Síochána if the person is acting in good faith and reasonably believes that such disclosure is necessary in order to prevent the continuance of an act or omission constituting a serious offence, and

(d) to an appropriate person (within the meaning of the Protections for Persons Reporting Child Abuse Act, 1998) if the person is acting in good faith and reasonably believes that such disclosure is necessary to prevent, reduce or remove a substantial risk to life or to prevent the continuance of abuse of a child.

(3) Information referred to in subsection (1) shall, if so ordered by a court in connection with proceedings before it for the judicial review of a decision of the Confidential Committee, be disclosed by a person referred to in that subsection to the court if, and to the extent only, that the court is satisfied that such disclosure is necessary in the interests of justice; and any disclosure pursuant to this subsection shall not identify, or contain information that could lead to the identification of, persons the subject of abuse in childhood.

(4) Proceedings referred to in subsection (3) shall be heard otherwise than in public.

(5) Documents provided to the Confidential Committee or prepared by it (other than a report under section 16 ), or prepared by a

person for it in the course of the performance of his or her functions as a member of that Committee, a member of the staff of the Commission, or an adviser, shall not constitute Departmental records within the meaning of section 2 (2) of the National Archives Act, 1986 .

(6) A person who contravenes subsection (1) shall be guilty of an offence.