Senior ministers deny incompetence caused underage sex law crisis
Two Cabinet ministers today denied Opposition claims that Government incompetence is responsible for the current crisis in underage sex legislation.
Minister for Finance Brian Cowen and Minister for Children Brian Lenihan said last week’s controversial decision by the Supreme Court to strike down a 71-year-old law on statutory rape, had triggered an unprecedented loophole in the law.
Mr Cowen claimed it was the five-judge court’s decision on May 23 that resulted in the release of a child rapist, ’Mr A’ on Tuesday while Mr Lenihan said it could cause the potential release of other sex offenders.
All stages of emergency legislation on the matter are to be rushed through the Dáil and Seanad tomorrow.
Mr Cowen said of the current crisis: “This has come as the result of a Supreme Court decision, independently taken.
“I respect the Court, of course I do. I mightn’t agree with the outcome of the decision, as a parent apart from anything else of young children myself.
“But I have to now do our job by restricting, insofar as we can, the impact and the consequences that flow from it.”
The Supreme Court last week struck down a 1935 law governing statutory rape as unconstitutional because it did not allow an accused person to put forward a defence that he had made an honest mistake as to the girl’s age.
The Government has come under fierce attack from the Opposition over its failure to pre-empt the current situation by amending the legislation prior to the Supreme Court’s decision.
Minister for Children, Mr Lenihan, who sits at the Cabinet table, insisted today that the current situation wasn’t caused by anything the Government did or didn’t do.
He added: “In relation to the possibility that persons could be eventually released that are serving sentences in the prison service, we’re very concerned about this but the reason why that situation has developed is a direct consequence of the Supreme Court decision.
“It’s not as a result of anything the Government has or has not done.”
He added: “We’re now working through the seventh draft of this particular Bill. We’ve had two full Government meetings this week on it since the Supreme Court handed down its judgment last week. So there has been a great deal of Government activity in this area.
The Cabinet had planned to recall the Dáil from its 10-day recess next week to address the issue but embattled Justice Minister Michael McDowell told the Seanad last night that all stages of the new emergency legislation will be pushed through the Oireachtas before the weekend.
He told Senators: “I propose to bring into law before this weekend emergency legislation which will restore the protection to young persons under the age of 17 years of age, the offence of unlawful carnal knowledge.”
Fine Gael’s Seanad leader Brian Hayes observed during the 90-minute debate that the Government will be putting the Bill through the Oireachtas on Friday without a conclusion to the Supreme Court appeal.
The seven-judge court will sit in special session to hear the appeal in the case of 'Mr A' v the Governor of Arbour Hill Prison.
Mr McDowell also thanked his department’s officials who toiled long days and weekends examining the controversy, which he described as a thunderbolt.
“They put in a huge effort, hours and hours, since this crisis first broke on us like a thunderbolt out of the blue,” he said.
He said the text of the Government’s proposals will be available this afternoon.
