Enda Kenny (Mayo, Fine Gael)

The sequence of events that has unfolded demonstrates that this Government is a headless band of bunglers. It is time for the Government to come clean and answer questions following the devastation of the Supreme Court decision in respect of section 1(1) of the Criminal Law Amendment Act 1935. The Tánaiste is in the House instead of the Minister for Finance, who we were told would take the Order of Business this morning. It is a week since the court's decision, which is a long time in politics.

I would like answers to three questions. How many men are in jail in respect of section 1(1); how many men are in jail in respect of section 1(1) and other legislation on sexual offences and how many men are in the system facing charges under this section? In other words, to what degree will Irish society be exposed if all of those men walk, as Mr. A did yesterday?

Section 1(2) of the Act is almost identical to section 1(1) and deals with unlawful carnal knowledge of girls between the ages of 15 years and 17 years. I am advised that a challenge to this section is likely to succeed. If section 1(2) falls in the same way as section 1(1), how many men are in prison based on section 1(2) of that Act and how many men are currently in the system facing charges arising from section 1(2)? Does the black cloud hanging over section 1(2) not mean that there is effectively no offence in place to deter a man in a position of responsibility from having consensual sex with a girl of 16 years or under?

Does the Tánaiste believe the Minister for Justice, Equality and Law Reform when he says that he was unaware of the Supreme Court challenge until he read about it in the newspapers? Is this not incredible? The people do not elect the Director of Public Prosecutions or the Attorney General. Rather, they elect the Minister. The buck stops on his desk for political responsibility in this regard. Do the Department or the Minister for Justice, Equality and Law Reform, to whom we are all knee-high in political contribution terms, not read The Irish Times, which reported this on 13 July last year? Does the Minister not read the Law Society Gazette, in which a trainee solicitor pointed out in October of last year that this matter must be dealt with? When he wants the ultimate political opinion, does he just look in the mirror? What of the Government's much vaunted and costly communications unit? Did this matter not get under its radar twice last year?

Will the Tánaiste tell the House what has gone wrong? She must answer these questions in the public interest. This is an issue on which the Government has failed miserably to anticipate, be ready and deal with a gaping hole in current legislation.

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