Bertie Ahern (Dublin Central, Fianna Fail)

I want to be clear about that point. The case we are talking about, Mr. A, is being appealed to the Supreme Court. Anyone who believes he can go out next weekend and do anything because there is no law is mistaken — offences are stipulated so that the law can protect young people. Sexual assault carries a 14 year penalty, a sexual incident with a minor where force is used carries a penalty of life imprisonment, any case of aggravated sexual assault carries a penalty of life imprisonment and there are penalties for rape. Five Bills were enacted in this House on sexual offences during the 1990s and all of those issues are dealt with. There are other offences covered by the criminal code, such as false imprisonment and harassment, and all of these issues are covered. That is the answer to the question about what could happen next weekend.

I spent some considerable time over the weekend looking back on the position from 1990 because it was suggested that all was spelled out in 1990 and it was obvious to everyone. Deputies will be aware that the change on mistake with regard to age recommended by the Law Reform Commission in 1990 was not based on constitutional issues at all, it was based on the argument that "Irish law in this respect was unduly harsh and wholly out of step with the law in other jurisdictions".

It is also totally untrue to say that successive Governments since 1990, which included practically all parties in this House, did nothing about the Law Reform Commission report recommendations. There were more laws enacted in the 1990s on this than in any other decade since the foundation of the State. The Law Reform Commission report of 1990 on child sexual abuse made a small number of recommendations on the criminal law governing sexual offences against children. A recommendation to decriminalise homosexuality, which was the major issue, was dealt with in the Criminal Law (Sexual Offences) Act 1993. I have been in the House for long enough to remember that debate. Recommendations that the laws on incest and the criminal liability of under-age girls should not be changed were also complied with.

As I said last Wednesday, the Department of Justice, Equality and Law Reform published a discussion paper on the law on sexual offences in 1997-98. That discussion paper sought views on all topical issues concerning the criminal law protecting children against sexual abuse, including the age of consent and mistake as to age, where the Law Reform Commission recommended changes. Responses to the invitation for views disclosed no appetite for change among those who expressed views on the paper. It was looked at. This assertion that it was all there since 1990 or since 1930 is just not true. All of the groups submitted their views and decided not to change it.

Views received on the paper, however, formed the basis of the Sex Offenders Act 2001 and continue to inform the criminal justice (trafficking and sexual offences) Bill, which deals with the issue of child prostitution addressed in chapter 11 of the paper. Criminal law was strengthened in the 1990s, with Acts in 1993, 1998 and 2001. I have mentioned the Child Trafficking and Pornography Act 1998, the Sexual Offences (Jurisdiction) Act 1996 and provisions in Part 12 of the Children Act 2001. It is untrue to say that this issue was not fundamentally examined.

It might sound odd to people outside the House that the Supreme Court does not ring the Taoiseach or Minister of the day to say that a judgment is coming up.

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