asked the Minister for Justice if he will urgently carry out a review of the legislation governing the sexual abuse of children with a view to amending the legislation to create a unified approach to the problem, enabling children to give evidence in such cases in an appropriate manner and to provide for proper treatment of offenders either inside or outside prison; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Child Sexual Abuse.
7.
The Law Reform Commission are at present examining the law on child sexual abuse and expect to be in a position to publish a consultation paper shortly. I understand that, as part of that examination, the commission are considering the law relating to the giving of evidence by children. Any recommendations the commission may make for a change in the law will be considered by me following the publication of the commission's report.
Is the Minister aware of the extremely urgent nature of requirements in this area, that there have already been a number of studies conducted into the matter which have thrown up appalling statistics relating to prosecutions in child sexual abuse cases? Would the Minister agree that it is virtually impossible now to obtain convictions in such cases? Is he aware that, in a survey undertaken some years ago, of 94 cases in the Eastern Health Board region, one offender only received a prison sentence and that only 43 of those 94 cases were reported? Would the Minister agree that legislation in this area is extremely urgent?
I agree with what the Deputies says. Indeed in the past she will know that, when similar views were made known to me, I agreed also. I know that the previous Government agreed with those sentiments as well which was why they referred this complex area to the Law Reform Commission for examination. As far as the Law Reform Commission are concerned, my two priorities to them were child sexual abuse and the law in relation to rape. The legislation on rape is at present before the Seanad, we have completed Committee Stage and I should imagine that, if the Whips agree the Bill will be introduced in this House very soon after Easter. In fairness to the Law Reform Commission I do know that they will be in a position very soon to publish a consultation paper on this matter about which they know there is a great deal of urgency. I should imagine that the time factor between our receipt of that consultation paper and the presentation of legislation to the House, for which I will be partly responsible, will be minimal. I can assure the Deputy that I will give the matter top priority recognising the urgency involved.
Is the Minister satisfied that a consultation paper to be issued by the Law Reform Commission is appropriate at this stage? Will the Minister agree to ask the commission to produce the Heads of a Bill which will provide for the unification of services for children who are abused? The Minister will be aware that those services are spread between the Departments of Justice and Health. Will the Minister ask the Law Reform Commission to suggest legislation for the proper treatment of offenders, including mandatory probationary periods after their release from prison? Will the Minister hurry the movement along and go beyond the consultation paper stage? We have all the information available to us.
I must advise the House that the time for Priority Questions is almost exhausted.
I do not wish to get involved in an argument with Deputy Colley about what is required in regard to our laws. The Law Reform Commission were asked by the last Government, correctly, to study this area and bring forward proposals on it. They are doing that in such a way that it will be covered expertly. The consultation paper is expected very shortly; the Deputy may have it for her Easter vacation, and I hope she does. Then we will be able to see where we are going and do what must be done. We must proceed in an orderly fashion; we cannot say, "we all know what is there, we can do this and we cannot do that". That is not the way legislation is prepared in this complex area.
The time for Priority Questions is exhausted and we must move on to deal with other questions.