Govt to rush through emergency laws tomorrow
The Government is to rush emergency laws on underage sex through the Dáil tomorrow in a bid to avert an unprecedented political, legal and criminal crisis.
The Supreme Court will be simultaneously hearing a state appeal against the release of a child rapist who walked free after a 1935 law under which he was convicted was declared unconstitutional.
Parents outraged that other sex offenders could be released via the same loophole are also holding a major protest outside Leinster House as politicians debate the Criminal Law Sexual Offences Bill 2006 inside.
Two other men convicted under the now-defunct law today brought challenges to their imprisonment in the High Court but had their cases adjourned until tomorrow and Tuesday respectively.
Amid opposition fury that Taoiseach Bertie Ahern yesterday left the country on UN business in New York, Minister for Finance Brian Cowen today insisted that Minister for Justice Michael McDowell had the full confidence of the Government and had handled the crisis as well as he could.
Earlier, seven independent TDs led by Tony Gregory and Finian McGrath called for Mr McDowell’s resignation as minister.
Opposition TDs are adamant that Mr McDowell should have been aware of the Supreme Court challenge to the 1935 law and better prepared for its eventual judgment.
The legislation is tonight being studied by opposition TDs who are expected to support the bill during a special sitting tomorrow.
Sources said the legislation restores the offence of statutory rape to the statute books and cites a uniform age of consent for young men and women.
Mr McDowell’s spokesman said tonight: “A special motion to allow the bill to be signed into law immediately by the President will also be voted upon tomorrow.”
The current crisis was sparked by a May 23 Supreme Court decision which struck out Section 1 (1) of the Criminal Law Amendment Act, which stipulated that men who have sex with underage girls are guilty of statutory rape.
The court said the legislation did not allow for a man accused of statutory rape to enter a “mistake as to age” defence.
Tánaiste Mary Harney told the Dáil this morning that counselling will be offered today to the victims of sex offenders who may be freed under the legislation.
Labour Party leader Pat Rabbitte told the Dail: “Those people are left in fear and uncertainty and they can’t know what is the position of the Government.”
He said to the Tánaiste during the order of business: “Your Government has frequently left the impression that it is more concerned with protecting itself than protecting children.”
He added: “There are parents out there concerned to know what is the truth of this matter. They find it very difficult to believe that this situation could not have been anticipated by the Government.”
Ms Harney replied: “I will ensure that they are put in contact with the proper counselling services.
“We will, in a professional way, seek to identify those persons and offer them counselling, if that is their wish.”
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