Dáil debates

Friday, 2 June 2006

Criminal Law (Sexual Offences) Bill 2006: Second Stage.

 

12:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)

We were assured last week that no criminal would walk as a result of the Supreme Court judgment, and that the crimes of sexual assault and rape were still on the Statute Book. I listened to the Minister this morning and ask where he was last week when we received replies from the Taoiseach and the Tánaiste. He tells us that he knew immediately that this decision could have extreme consequences involving the possible premature release from prison of certain criminals. He defined the difference between a case prosecuted as a rape case and one as statutory rape, where the issue of consent is dispensed with. We knew that, which made the replies so insulting. Such contradictions raise issues of competence. The primary concern of this legislation must be the protection of children who are now exposed.

There are flaws in the legislation. The correct approach would have been to plug the gap and return with more thoughtful legislation. I regret that approach has not been taken.

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