Séamus Kirk (Louth, Fianna Fail)

I realise the time available to debate the Bill is relatively short. Every speaker has alluded to the fact that the country is convulsed by the controversy arising from the surprising decision of the Supreme Court in this case. The reasons for public disquiet include the prospect that sentenced sexual predators who have in many cases pleaded guilty to offences could conceivably be released to return to the immediate area in which the offences were committed and where the victims and their families live. The wider, longer-term picture is the need to address the changed circumstances and the possibility that sexual predators will take refuge in the plea of honest belief or reasonable mistake. It is as a consequence of this appalling vista that the Minister for Justice, Equality and Law Reform requires our presence today to deal with legislation to rectify the problem.

There is no doubt the Bill will have clear implications for the victims of crime who will be required to attend court to be subjected to severe and difficult cross-examination. This is the position in which we find ourselves. While the public administration here operates on the basis that the Judiciary, Executive and Legislature function separately from one another, the legislation before us demonstrates that significant political problems can arise when the Judiciary takes decisions that have clear and profound implications for those charged with keeping legislation up to date.

The emotional impact of the issues under debate have caused people to protest outside the House and acted as a driver for emergency legislation. In many cases, witnesses to the offences covered by the legislation are scarce because these types of crimes are committed in secret and beyond the view of members of the public. This exacerbates the problems experienced by the victims because if witnesses were available, the trauma of having to appear in court would be reduced.

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