Child protection Rapporteur to prevent rape law crisis repeat
New controls have been put in place to prevent another political and legal crisis sparked by the Supreme Court’s surprise rejection of a 1935 statutory rape law.
The Government is appointing a Special Rapporteur for Child Protection to assess all legal developments impacting on the complex area.
The office holder will issue an annual report and be entitled to consult with Government departments and the Ombudsman for Children.
Taoiseach Bertie Ahern also told the Dáil that a Finance Department official will carry out a review of procedures within the Attorney General’s office.
A new all-party Oireachtas Committee will be established to discuss broader child protection issues.
Mr Ahern blamed a communications failure for the Attorney General not being kept informed about the Supreme Court case that ultimately saw the 71-year-old legislation law declared unconstitutional on May 23.
“The protocol that was there that should have sent the information to the Attorney General, didn’t work,” he told Opposition TDs.
Eddie Sullivan, Secretary General for Public Service Management and Development in the Finance Department is to examine what went wrong and report before the Dáil rises for the summer recess in early July.
Referring to the Sexual Offences Bill 2006, Labour leader Pat Rabbitte said the Council of State should have been reconvened to decide if the legislation be referred to the Supreme Court to test its constitutionality.
But Mr Ahern disagreed: “It is not envisaged that the Act will be struck down.”
As part of the new checks and balances announced, details of all future constitutional actions must be personally approved by the AG and forwarded to each relevant Government department.
Meetings are to take place every two months between the offices of the AG and the DPP to assess criminal law implications of any such legal challenges.
A memo will also be sent to the Cabinet every three months to update the Taoiseach and his ministers.
