Dáil Éireann debate -
Thursday, 1 Jun 2006

Vol. 620 No. 6

Order of Business (Resumed).

Mr. J. Higgins

Apart from the utter incompetence, probably acknowledged everywhere, of the Government in not being prepared for the outcome of the Supreme Court judgment, the matter outraging decent people around the country is the sight of adult men who abused a child walking free or about to walk free from prison. The Minister for Justice, Equality and Law Reform, Deputy McDowell, in the Seanad yesterday, outlined a range of other legislation which still stands and is not unconstitutional. Is the Tánaiste giving an undertaking that those adult men, if released under the Supreme Court judgment, will be charged under the existing and valid legislation?

There is a major problem in coming in here in 2006 with a simple repeat of legislation passed in 1935, especially as it affects 16 year old youth in Ireland today. An urgent discussion is needed, not least with the youth and with their parents, particularly for that age range. The Crisis Pregnancy Agency in a survey in Donegal found that, of 153 girls surveyed, approximately 50% had intimate relations before the age of 17.

An Leas-Cheann Comhairle

I ask Deputy Higgins to be brief.

Mr. J. Higgins

Presumably that was with their peers, for example, if they were aged 16, with other 16 year olds. Under what I understand the Government will come forward with today, it is providing for them to be sent to jail for five years and if a 16 year old girl gets pregnant by another 16 year old, which should not happen, she is liable to be sent to jail for five years. The Government cannot simply repeat in 2006 legislation which was for conditions of 1935 and the Government needs an immediate dialogue with young people and with their parents so an entire section of young, whose mores are different from those of 1935, are not criminalised willy-nilly by legislation now being repeated. That is in no way to dilute the urgency of protecting children and young people from predatory adults.

An Leas-Cheann Comhairle

I remind Deputy Higgins this is the Order of Business.

The Tánaiste

While I share Deputy Higgins's view that there must be appropriate legislation, in the context in the which we find ourselves, which is responding to the decision of the Supreme Court in a matter now declared unconstitutional, we will not be able to deal with all of the issues that arise in this area and this Bill will form part of work in progress, and other legislation may follow in due course.

Dr. Cowley

Yesterday the Independent Deputies issued a statement asking for legislation to be enacted within 48 hours. That was because they did not want children to be in the terrible danger which they are in at present. They wanted them to be safe this weekend. While I welcome the sitting tomorrow, the difficulty is that legislation is enacted into law by the signature of the President. Has the Tánaiste made any arrangements with the President that this legislation will be enacted immediately on being passed by the Oireachtas so there is no delay and our children can be safe this weekend?

In view of the fact that the press reported this problem could have been sorted out in the past 16 years since it was highlighted by the Law Reform Commission and that successive Governments did not do so, and that last July the Supreme Court signalled this was to be challenged——

An Leas-Cheann Comhairle

There cannot be repetition.

Dr. Cowley

——can the Tánaiste indicate that there will be an audit involving the Government, the DPP and the Attorney General because in the press other Acts were flagged, even today and yesterday, which could well be subject to challenge and would give sexual predators a loophole?

An Leas-Cheann Comhairle

Deputy Cowley can raise the issue on the Bill tomorrow.

Dr. Cowley

Would the Tánaiste agree the terrible state of the health services is caught up in this matter, in that this girl would have to wait two years for a psychological assessment? In Mayo, people must wait two years for a child psychiatrist, which is a disgrace. Would the Tánaiste please address those matters?

The Tánaiste

The Government will be passing an early signature motion. The President, as the Deputy has acknowledged, normally has ten days to sign legislation into law but if an early signature motion is passed by the Cabinet, then it is expedited. We will certainly do that.

I repeat what I stated earlier. This problem was not identified in the Law Reform Commission report. Nobody, including the Law Reform Commission, drew attention to the fact this may be unconstitutional, which issue — the unconstitutionality of it — is the one with which we are now dealing.

Deputy Joe Higgins asked if I can give an undertaking that the persons will be recharged, and I apologise for not answering him. I cannot give such an undertaking. There is an independent Office of the Director of Public Prosecution and it is entirely a matter for his judgment. I have confidence in the director and I am quite certain he would have in place a legal strategy to use his powers in these matters if he can in the interests of protecting children. I have no doubt about that.

Mr. Crawford

Is the Tánaiste and Minister for Health and Children happy that up to €100,000 is being spent by the State in opposing an inquest into the death of Ms Frances Sheridan?

An Leas-Cheann Comhairle

That matter does not arise on the Order of Business.

Mr. Crawford

When will the legal costs Bill be published so we can discuss such issues?

An Leas-Cheann Comhairle

The Tánaiste, on the promised legislation.

Mr. Deenihan

A Leas-Cheann Comhairle,——

An Leas-Cheann Comhairle

Deputy Deenihan, we must conclude. Other Deputies indicated before Deputy Deenihan and I cannot take any more questions.

Mr. Deenihan

This is a short question.

An Leas-Cheann Comhairle

There are other Deputies I would have to allow in before the Deputy and we must bring the Order of Business to a conclusion.

The Tánaiste

In answer to Deputy Crawford, the Coroners Bill will be published later this year. The legal costs Bill will be published next year. The issue is not one of opposing a new inquest; it is, I understand, about looking for a different coroner.