Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Tá an Dáil agus an Seanad ag teacht le chéile inniu chun bearna dháiríre reachtúil a líonadh, ní toisc bhreithiúnas na Cúirte Uachtaraí mar a dúirt an tAire níos luaithe, ach toisc gur theip ar an Rialtas seo agus ar Rialtais eile roimhe déileáil i gceart leis an rud a tharla an tseachtain seo caite agus ullmhú dó. Tá an milleán ar an Aire, an Rialtas agus chuile Rialtas ó 1990 ar aghaidh nár dhírigh ar an chás seo.

The chief law officer of the State, the Attorney General, sits at the Cabinet table and the Government can avail of a battery of advisers and experts on legislation. The Law Reform Commission report was published in 1990 and, in an article published in 1995, the current Minister for Justice, Equality and Law Reform, Deputy McDowell, acknowledged the commission's call for a change in the law. The Tánaiste admitted that the Department of Justice, Equality and Law Reform was aware in 2002 of the constitutional challenge to the 1935 law. While it is claimed that a breakdown in communications meant that the current Attorney General was not informed of the case, his office knew, as did the Office of the Director of Public Prosecutions, which was represented in the case.

It has been correctly pointed out that other laws, including those on rape and sexual abuse, still protect child victims and all victims of these crimes, but the 1935 law provided a readier means of securing convictions and set down stricter sentences. It was seen as a greater deterrent. Therefore, while it is understandable that the DPP continued to prosecute under the law, it is inexcusable that the commission's report was not heeded and preparations were not made for the contingency that the 1935 Act would be struck down. Successive Governments failed to grasp the nettle of reform or provide the leadership required. It is ridiculous for the Minister to claim that nothing could have been done because it would have undermined the State's case in the High Court and the Supreme Court. This Bill was drafted in a few days because the Government came under enormous pressure here in the Dáil and from the public. The work should have been done already. Since last July when the three Supreme Court judges ruled on this case, the Government should have predicted what was coming down the tracks.

The Minister for Justice, Equality and Law Reform can be accused of many things but no one can accuse him of modesty. He is reported today as saying: "I am confident that when the dust settles, and the frenzy stops, I will be seen to have acted with good authority and with competence, honesty and courage". We will return to that later.

People are outraged at the lack of good authority, the incompetence, dishonesty and political cowardice of the Minister and his Government. The victims of Mr. A, who walked free, and of others, who may yet walk free, have been devastated. Other victims are now living in fear. The knock-on effect may prevent victims of abuse from coming forward.

Many people today will rightly exercise their right to protest outside the gates of Leinster House and in other parts of the country at 1 p.m. I commend them on doing so. It is an expression of the depth of feeling on this issue. In common with the other Opposition parties, Sinn Féin is facilitating the passage of this legislation to cover the gap in the law. The law must be put right immediately to protect children under 15. It must, in line with the Supreme Court judgment, allow for a defence of mistaken belief as to age on reasonable grounds.

We also accept it is not possible in what is essentially an emergency Bill to deal with the wider issues. We are concerned, however, that if this matter is not also addressed, we will compound the current situation whereby a 16 year old boy who has consensual intercourse with a 16 year old girl is guilty of a crime and criminalised. That position is untenable and we seek that it and related issues be addressed in law as soon as possible. To that end, we have pressed for a debate on these issues and for the necessary wider public consultation to commence in the coming weeks. We should be using the extra sitting week next week to start that debate properly. The neglect of successive Governments has created a situation where this legislation is being rushed through today. We must be sure that this is a first step, a temporary measure pending comprehensive and wide-ranging legislation.

I am especially concerned about the effect of section 5, which states that a female child under 17 shall not be guilty of an offence under this Act by reason only of her engaging in the act of sexual intercourse. That section negates the overall intent of the Bill, which is presumably to be gender neutral. Like other Deputies, I believe this section will be open to constitutional challenge and could lead us into further legal quagmire. It highlights the need to address the issue of consensual sex between teenagers. It is a reality in society and the answer is not the criminalisation of teenagers.

The Minister has stated that section 5 was included so that single motherhood would not be stigmatised because, otherwise, every 16 year old who has a child or is pregnant would have committed an offence or be deemed a victim of rape. This is illogical. Under this Bill a pregnant 16 year old will be deemed a victim of rape and the father of the child, no matter what the circumstances of the conception, is deemed a criminal. Section 5 should not be included in this Bill.

There should be a time limit on section 3. We propose that it will not stand after 18 months unless a resolution is passed by both Houses of the Oireachtas to continue it. This will ensure the wider issues are provided for in legislation and that the next 18 months will be used to debate the issues and prepare for proper legislation to deal with this issue.

I said I would return to the Minister. He believes he is infallible, but I must burst his bubble. Not only is he fallible, he is human.

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