Bertie Ahern (Dublin Central, Fianna Fail)

This is an urgent and important matter, and in the absence of clear law, we must deal with it as speedily as possible. The Attorney General and the Department of Justice, Equality and Law Reform have been working on that last night and this morning. We must examine all aspects of it, including previous discussions on this, the 1990 Law Reform Commission report and the 1997 report. The judgment of 23 May has struck down the law under which sexual intercourse with an underage girl is an offence of strict liability, in other words, one where there is no defence of mistake as to age. The Department of Justice, Equality and Law Reform is consulting the Attorney General's office on the implications of this and the scope and timing of amending legislation that would meet the terms of that judgment. We are examining the complexities and legal points of this but we must take into account all aspects. There is no return to law that has been struck down and we must bring in new legislation.

Deputy Kenny mentioned the 1990 report, to which I referred. The Department of Justice, Equality and Law Reform published a discussion paper about the law on sexual offences in 1998. It addressed matters such as the age of consent and the defence of mistake as to age. The majority view of those who gave views on that paper was that no change should take place. The discussion paper led directly to the drafting and enacting of the Sex Offenders Act. Other legislation dealing with sexual offences is at an advanced stage of preparation in the Department of Justice, Equality and Law Reform.

Deputy Kenny referred to those who are in prison for such offences. The Irish Prison Service has been checking records and warrants from the court with regard to those in jail as a result of convictions for unlawful carnal knowledge and we hope to have a clear picture of this by lunchtime.

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