Dáil debates

Friday, 2 June 2006

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

 

1:00 pm

Photo of Damien EnglishDamien English (Meath, Fine Gael)

I am disappointed with the manner in which the House is operating today. Hundreds of parents are gathering outside Leinster House and children around the country are afraid and worried yet we are shouting across each other, nit-picking, calling Members names, referring to their size and going back over history. What is going on in the House is an absolute disgrace. This is a serious issue and I am disappointed with our response to it. Parents and young people are also disappointed. We are meant to be the law makers. We are supposed to be here to address this serious issue.

I do not believe in apportioning blame so I will not point to who should have known about this issue. The system is at fault. When Deputies on both sides of the House first arrive they remark on how badly the system operates and how slowly it works. I certainly have remarked on it and I am sure the Minister and his colleagues did the same when they were new to the House. Nothing has changed in the time I have been in the House. The slow pace of the system is part of the problem.

Another difficulty is the system by which the Law Reform Commission makes available its book of recommendations and reports. It is full of recommendations and nobody highlights what is the most urgent matter to be dealt with. Law reform is part of our work, not merely justice. However, we achieve a great deal of reform. The Oireachtas is very slow, does not sit for enough days each year and does not do enough work. That is why issues like this catch up on us and eventually problems arise such as the problems in recent weeks. That is not the fault of one person, it is the fault of the system.

I am fed up hearing the Ceann Comhairle tell us day in and day out that if we want Dáil reform we should bring it about. Only one section of the House can achieve Dáil reform and that is the Members on the Government side of the House, those who are in power. We may want it but we cannot get it. We will have to have Dáil reform or more cases like this will arise, where the law did not change in time in line with societal change, and nip us in the rear end. I do not blame any one person but from now on let us discuss Dáil reform and getting things done in the House. We must deal more quickly with legislation.

I am not happy with parts of the Bill but I will accept it because it gives protection to young people, which is of the utmost importance. I do not agree with the Minister or the Taoiseach's belief that nothing has changed in the past week and young people are still safe from sexual predators. They do not feel as safe as they did two weeks ago. Criminals think they will get away with their crimes. There is a need for legislation. The Bill closes the loophole, introduces more safeguards and sets a bar for the age of consent that may not reflect what is happening in society but I accept we should try to encourage young people. I do not say I agree with it, that is a debate we may have in the future, but the Bill is before us and we should accept it and close the loophole that currently exists in this area. We can have a proper discussion later. In light of all the advice received by the Minister, Taoiseach, Cabinet and Attorney General in respect of this Bill, was every avenue examined? Are we doing all we can to make our children as safe as possible? Are there any constitutional avenues we can take? Are there any referenda we can hold to afford more protection to young people? It is merely a question. I would be interested in hearing opinions on this issue.

I accept that this Bill will not affect the cases of Messrs. A, B, C, D, E, F and G and any other cases which might be appealed. The Minister is correct in saying that the country must also accept this. It is tough but we must accept it. Are there any laws we can introduce next week or the following week which would deal with these offenders? Mr. A has been released and others may be released. These people have admitted their guilt and they are a danger to society and young people. Surely, we can do something to protect our children from these people when they are released. It might involve changing a law or introducing a new law but there must be some way of monitoring these people and protecting our young people. This issue must be examined and I would be interested in hearing the Minister's views in this regard.

I am very disappointed with section 5 of the Bill. It is right that young mothers would not be victimised or criminalised and that it would be automatically assumed that they were victims of sexual offences. However, if this Bill is passed in its current form, a 16 year old man who has sex with and impregnates a young woman could be in prison when his child is born. I may be mistaken but this is my understanding of it because he could receive a sentence of up to 12 months in prison. The young woman is not guilty of any offence but the father is and could be in prison by the time his child is born. This is a very strange situation which must be examined. It is probably best to amend section 5 or remove it from the Bill and, with the help of all parties, simply close the loophole today because the situation is very serious. If a 13 year old boy has sexual relations with a 16 year old girl, he is guilty of an offence but she is not. Something is amiss in this regard but today is not the day to deal with it fully.

Comments

No comments

Log in or join to post a public comment.