Enda Kenny (Mayo, Fine Gael)

The Tánaiste's reply shows how out of touch is the Government. Fine Gael has a Bill before the House at the moment, dealing with a register in respect of sentences. The Tánaiste did not have the information in respect of section 1(1) and does not have the information in respect of section 1(2). She has not answered my question about whether she believes the Minister for Justice, Equality and Law Reform when he says that he was not aware of this. Is it not incredible that the Attorney General, whose office was dealing with this along with the Director of Public Prosecutions, who sits at Cabinet and is in constant contact with the Government, especially the Minister for Justice, Equality and Law Reform, would not be aware that this case was proceeding through the Supreme Court and that the Government, on the basis that the Supreme Court would come to this decision, would not have emergency legislation ready to plug the loophole in the law for the future, as distinct from not being able to deal retrospectively with those who were charged under that section which was struck down by the Supreme Court?

Does the Minister for Justice, Equality and Law Reform not know what is going on? Last night on television he said that the DPP continued to lay charges under section 1(1) of the 1935 Act until recent weeks. In the High Court on Monday, however, during the hearing of Mr. A's case, the court was told the DPP had not sought to proceed with statutory rape indictments and trials had been stayed by consent since last summer pending last week's judgment. The court was told that on Monday but the Tánaiste is defending the Minister for Justice, Equality and Law Reform who says there was no urgent need for serious legislation, there was no gaping hole in the legal system and that he did not know what was going on. This was reported in The Irish Times and last October a trainee solicitor pointed it out in the Law Society Gazette, but all the legal eagles and officers of both Departments and the Government were unaware of it, even though the Minister for Justice, Equality and Law Reform is the person who says: "I see what I see and I know what I know".

In addition, will the Tánaiste tell me if the Government has agreed to the Minister for Justice, Equality and Law Reform's proposal to reduce the age of consent for girls from 17 to 16? I put her on notice that my party does not support that proposal. The immediate priority is to plug the gap in the law that now exists. The broader debate can be left to another day.

What day will the Dáil meet next to dealwith this emergency legislation — Tuesday, Wednesday or Thursday?

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