Mary Harney (Dublin Mid West, Progressive Democrats)

I am informed that no one ever suggested it should happen and no Government ever sought to do it because we wanted to keep the strongest possible laws in place in this area. Recently, the Ombudsman for Children communicated with the Minister that, even now, we should not change the law. However, we have no option but to make a change on foot of the Supreme Court decision.

On the question of knowledge, there was an information deficit. In November and December 2002, the Department of Justice, Equality and Law Reform was informed by the Chief State Solicitor's office that this action was being taken, but there was no information thereafter. Even in 2002 if legislation had been introduced it would not have had retrospective effect. It should be remembered that even then the DPP was strongly defending these cases right up to the end. People were still being prosecuted on the basis of section 1(1) and the case was won in the High Court in 2004. Even if we had changed the law at the outset of these proceedings, it would not have had retrospective effect. That is the reality. It could not have had a retrospective effect in respect of any person convicted at that time.

As we know, the governor of Arbour Hill Prison will appeal yesterday's decision, a matter that will ultimately be determined in the Supreme Court and that will determine whether other persons serving sentences under this section can be released. It is a fact, and it is for the independent judgment of the DPP that it may well be that somebody could be rearrested and charged again in relation to other offences. That is entirely a matter for the Director of Public Prosecutions, not the Minister or anyone else.

See this speech in context