Dáil Éireann debate -
Wednesday, 8 Feb 1995

Vol. 448 No. 7

Written Answers. - Paedophile Prosecutions.

Liz O'Donnell

Question:

26 Ms O'Donnell asked the Minister for Justice her views on the successful use of injunctions by paedophiles to stop prosecutions on the grounds of lapse of time since the commission of the alleged offence; and if she will make a statement on the matter. [2815/95]

Minister for Justice (Mrs. Owen)

Child sex abuse is a matter of great concern to me. It is important that all reports of child sexual abuse are fully investigated and, where appropriate, prosecuted. It is also important that the public are kept aware of the extent of the problem in our society.

The application of judicial review to obtain an order of prohibition in respect of criminal proceedings is a matter for the courts to determine in each individual case. I am aware that orders of prohibition have been obtained on grounds of delay or lapse of time in a number of criminal proceedings and not just in cases relating to sexual abuse.

The courts have held that every accused person has a constitutional right to a fair trial which includes the right to a trial with reasonable expedition. Where the lapse of time is such as to prejudice a person's defence, to proceed with a prosecution would deprive a person of his or her right to fair procedures and a fair trial. Where the lapse of time is particularly lengthy the courts have taken the view that depending on the circumstances, a fair trial may no longer be possible and that there is no need for any specific prejudice to be shown by the accused.

The exercise of a person's constitutional rights in the context of court proceedings is a matter for the courts and I do not think that it would be appropriate for me to express a view on the decision of the courts in such cases.