Vol. 452 No. 7
43 Mr. Briscoe asked the Minister for Justice the plans, if any, she has for a measured overall review of the Criminal Law (Amendment) Act, 1935, in view of the fact that she has moved in a fire-brigade fashion with the introduction of the Criminal Law (Incest Proceedings) Bill to close the legislative loophole highlighted by Mr. Justice Carney. [8418/95]
The purpose of the Criminal Law (Incest Proceedings) (No. 2) Bill, which has been passed by the Seanad and is currently before this House, is to deal with urgent problems that have arisen out of judgments of the Central Criminal Court in an incest case. These judgments give rise to serious difficulty because they have had the effect that the outcome of a criminal prosecution for incest cannot be disclosed to a party, for example a health board, with a specific interest in the welfare of an incest victim. I am sure that all the Members of this House would agree that such a situation must be remedied without delay and that is what is proposed in the Bill.
It is also my intention to publish a discussion document on certain aspects of the problem of sex offending shortly. I am anxious to further strengthen the law in this area but I believe that, before I do so, I should seek the views of others, including, in particular, the various organisations and individuals who have expert knowledge of the problems involved.
As the Deputy will be aware, the Criminal Law Amendment Act, 1935, is concerned with a wide range of sexual offences and many of the provisions of the Act have been amended or repealed by subsequent legislation. Accordingly I would ask the Deputy to let me know if there are any specific changes to the 1935 Act he may have in mind. I will, of course, be glad to consider any suggestions the Deputy makes in this regard in the context of what might go into my discussion paper and any relevant legislative proposals I may bring forward.
