Bertie Ahern (Dublin Central, Fianna Fail)

A number of points have been raised. Our highest priority is to deal as quickly as we can with this serious issue for the protection of our children. The Deputy asked me about other cases but I cannot pre-empt the decisions of the courts. The Government intends to appeal the Supreme Court's decision. Other cases may arise but we cannot instruct the DPP. We can prepare legislation to deal with issues as they arise but cannot consult or influence the courts, whether on last week's case or any other. I thought everyone understood why there is separation of powers but sometimes I wonder.

There cannot be a miscarriage of justice where a person pleaded guilty to very serious offences. The register will need to be looked at on a case by case basis. I agree with the Deputy on the age of consent.

I recently launched a wide-ranging report of the Law Reform Commission on the subject of conveyancing. The chairperson, Mrs. Justice Catherine McGuinness, said its work involved taking a broad view of various aspects of legislation and putting forward views for consideration. The 1990 report on child sex abuse made a small number of recommendations on criminal law governing sexual offences against children. It also recommended decriminalising homosexuality and many of the enactments in the 1993 Act originated from its recommendations. Other work was done in the Department on the laws of incest and the criminal liability of under age girls and it was decided they should not be changed. In 1997 Deputy O'Donoghue became Minister for Justice, Equality and Law Reform and presented a discussion paper on a number of topical issues concerning the criminal law protection of children against sexual abuse. It discussed the age of consent and the changes the Law Reform Commission had recommended on the defence of making a mistake regarding age. Responses were made to the discussion paper from interested bodies so it is not true that nobody has looked at it since 1930, or 1990. The issues were well aired and debated but decisions were made not to change the law. It does not mean that no changes took place. The Sex Offenders Act 2001 was enacted, followed by legislation to combat trafficking for sexual offences. The Supreme Court has made its judgment and now we must deal with it. It is not true that the report was left on a shelf and not read by anybody.

If the Supreme Court makes a decision that strikes down an Act which we all believed was safe it is a serious issue but that is the way the system works. Now we must properly deal with that Act. Deputy Ó Caoláin did not say this but it is impossible to have another Act ready when one is struck down. The Supreme Court makes a judgment on the basis of fact and following its examination of a case. It studied this case for a year and the recent judgment was the second part of a two-case judgment. We must carefully examine how it arrived at its decision and what it recommends, and we must act accordingly.

The Government considered the matter this morning and the Minister for Justice, Equality and Law Reform has done so practically non-stop since the judgment was made a week ago. The Attorney General has also considered it and has sought counsel. We will deal with it as quickly as possible.

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