Michael Mulcahy (Dublin South Central, Fianna Fail)

I am pleased to have an opportunity to speak on this important Bill. All Members will wish to act together in a responsible fashion to amend the law on statutory rape. As the legal background to the issue is well known at this stage, I do not propose to repeat it. I concur with the reasoning set out by the Minister this morning and his cautionary comments on the difficulties that will arise in these kinds of cases, particularly for victims. In this respect, I am a little concerned by the inclusion in the Bill of a qualification that "all other relevant circumstances" may be taken into account by a court. I will return to this issue on Committee Stage. It is imperative that the House enacts new legislation quickly to protect young people and vulnerable children.

On a more general note, I find it depressing that the Opposition parties have acted in such an irresponsible manner in recent days. The Supreme Court judgment declaring section 1(1) of the 1935 Act unconstitutional was a matter of concern to all of us. I am delighted that in such a short period the Government has produced a Bill to remedy the matter. The Opposition has mischievously and with some success endeavoured to spread the falsehood that the Government should have known about this case and, even more ridiculously, should have prepared a Bill in anticipation of the Supreme Court decision. This is a nonsensical position and will be regarded as such, not only by legal practitioners but by any person of good, sound sense, a category which appears to exclude members of the Opposition.

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