Vol. 417 No. 5
19 Mr. Shatter asked the Minister for Justice whether he intends to introduce any legislation to amend the Punishment of Incest Act, 1908 and the law in relation to indecent assault in the light of a recent decision in Waterford Circuit Court.
The Law Reform Commission, in their report on child sexual abuse, recommended that there should be no change in the present law of incest, and I have no proposals to amend the 1908 Act. The law on indecent assault was amended by the Criminal Law (Rape) (Amendment) Act, 1990. The Deputy will be aware that the Criminal Evidence Bill, 1992, now awaiting Committee Stage in this House, contains a number of provisions which will facilitate proof of paternity in incest cases.
Is the Minister aware that arising out of a case heard in Waterford, referred to in the question, there was widespread concern that charges of incest were dismissed because the court was not able to rely on a birth certificate as proof of paternity and the person alleged to have committed that offence did not have to give evidence and, as a result the charges were dismissed in a way that was perceived as unsatisfactory? Is the Minister aware that his suggestion in his reply, and his response to the Ceann Comhairle some weeks ago, that section 5 of the Criminal Evidence Bill will resolve this difficulty in future cases is not necessarily correct? Will the Minister confirm that the necessary amendments will be made to the Bill as it goes through the House to ensure that in future when a charge of incest is brought and the alleged victim gives evidence as to who is her father the accused will have to give evidence in response, that the case will not be dismissed without the accused having to go into the witness box?
I am aware of the details of the Waterford case to which the Deputy refers.
Is the case being appealed?
The Deputy referred to this in his contribution on the Criminal Evidence Bill. I made the point that section 5 would deal adequately with this matter but it was the Deputy's contention — although I was not here to listen to him, but I read the transcript — that this might not be satisfactory. Because of what the Deputy said I will consider the possibility of amending the section, if necessary, to strengthen the section to deal with the point the Deputy made.
Is the Waterford case to be appealed?
I now call question No. 20.
