Mary Harney (Dublin Mid West, Progressive Democrats)

I will deal first with the legislation. For 70 years, it has stood the test of time, and the High Court maintained it was constitutional and appropriate. Until 12 May of this year, the DPP was bringing charges against persons under this provision. A total of 20 charges were brought this year, up to 12 May, against eight individuals, so clearly the DPP was not anticipating the section could be struck down, as otherwise he would not be bringing such charges.

No Minister or Deputy brought forward legislation proposing what we must now do for constitutional reasons as opposed to the reasons outlined by the Law Reform Commission's document in 1990 which stated the section was too restrictive and conservative. The Ombudsman for Children has taken a strong view against dealing with this and I believe the Government would have taken on board her view and perspective, as someone who has a sole remit——

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