Brendan Howlin (Wexford, Labour)

This emergency sitting of the Dáil marks the end of a bleak and depressing ten days for the criminal justice system and for political leadership and authority. To claim that last week's Supreme Court decision came like a bolt from the blue is frankly unbelievable and unacceptable. We have walked similar paths before and were promised that systems had been put in place to ensure that a Brendan Smyth-type fiasco could not happen again, but it has happened. I advise the Minister to read this morning's Irish Examiner, which outlines in some detail the sequence of events that led to the fall of a Government on that occasion. This crisis is immeasurably more serious in scale and consequence — serious and all as that crisis was — but it has not yet been the subject of such political accountability. We have just one priority today — to reinstate in a constitutionally robust way the crime of unlawful carnal knowledge of a minor. We need to make robust, good, strong and clear law during this sitting. It is not a question of someone's reputation or anything else.

Since the Supreme Court delivered its original judgment, the Labour Party's position has been that temporary legislation should be introduced to close the loophole in the 1935 Act. We said from the beginning that the priority should be to provide support and counselling to the victims of this terrible abuse and their families. They needed to be informed, when cases were collapsing, of the alternative prosecution strategy that was to be put in place. They should have been advised in advance that the perpetrators of their wounds were potentially to be released on to the streets, rather than having to read about it in the Sunday papers. We suggested that when that had been done, there should be a careful and reasoned debate on the other important issues that most assuredly and certainly would arise.

From the outset the Government's response has been appalling. Assertions made by the Taoiseach and the Minister for Justice, Equality and Law Reform have simply been wrong. The Minister told us confidently there was no gaping hole in the law and no need for emergency legislation. The Taoiseach even more confidently told us no one would walk from the courts. After a week of indecision, the Government belatedly decided to act. Last week both main Opposition parties produced draft Bills and pleaded with the Government to take action. Late last night we eventually received the Government's Bill.

Unfortunately the Government has rejected Labour's careful, staged and proper approach. Instead, the Minister for Justice, Equality and Law Reform has introduced a single measure that goes far beyond the requirements of closing the loophole in the 1935 Act. It is a permanent measure without any sunset clause. If this approach is to be taken, it must be done with great care. In several fundamental areas, the Bill falls short of that standard. Thoughts that occur to the Minister during the night cannot end up as amendments. There can be no invitations to this side of the House to think between now and 2 o'clock as to what else we might like to add.

Since the Supreme Court decision on Tuesday last week regarding the Criminal Law (Amendment) Act 1935, I have argued for a two-phased approach. A short Bill should be introduced to close off the specific loophole identified by the Supreme Court and to provide immediate protection for young people who might be prey to sexual predators. We must ensure those responsible for such heinous crimes are brought to account.

Rushed law is normally flawed if not outright bad law. This Bill is certainly flawed. It attempts to address the requirements of the constitutional decision of the Supreme Court. However, the Minister is inserting fundamental flaws which the House will later regret. The Minister is engaging in spin by suggesting the Supreme Court is putting children in the dock by exposing them to cross-examination.

See this speech in context