Trevor Sargent (Dublin North, Green Party)

The Taoiseach might have heard that he nearly did not have a Government to come home to last week. As the controversy brought back memories of the Father Brendan Smyth debacle has the Taoiseach had a chance to reflect on the implications of last week's events? These continue to reverberate in the media and in the homes of people around the country, on the question of what the Government is doing to protect children. The Minister for Justice, Equality and Law Reform made a dog's dinner of the legislation in discriminating further against teenage boys who engage in consensual sex. Is the Taoiseach, now that he is still here, taking the opportunity to reflect on further scandalous revelations, namely, that 250 children have disappeared from care in five years? The inequality and discrimination to which I referred is further compounded by the report that accommodation and levels of care for young asylum seekers are not of a standard equal to that provided for other children in State care under the Child Care Act 1991. In terms of a Government response, funding requests to the Department of Health and Children since 2001 remained unanswered, despite repeated submissions.

The Minister for Justice, Equality and Law Reform has made a virtue of inequality. It appears from his statements that he thinks it is good. However, does the Taoiseach not think that he needs to concentrate on the welfare of children? Does he not think the reports from the Children's Rights Alliance, the Rape Crisis Centre, the Irish Society for the Prevention of Cruelty to Children and the Ombudsman for Children, which are all scathing in terms of their assessment of the Government's record in protecting children, have been compounded by the response to the legislation introduced last week and the flaw in the constitutional assessment of the legislation that already existed?

Does the Taoiseach not think that the sexual abuse and violence on children report of 2001 indicates that we need to be concerned not only about Mr. A, but about the thousands of people guilty of sex abuse at large in Irish society? Will there be an assessment of what the Government needs to do? Has the Taoiseach met the Minister for Justice, Equality and Law Reform since his return and what contact has he had with him? Apart from setting up an all-party committee, basically an attempt at parking the issue, what further plan has the Taoiseach to deal with the issue?

Will the Taoiseach address the lack of confidence the public now has in the Minister for Justice, Equality and Law Reform, Deputy McDowell? Will he compare the situation with, for example, what happened to Charles Clarke in the UK? He resigned, even though officials in the Home Office admitted they did not inform him of information he should have had. He resigned on principle given that he had political responsibility. Is there any room in the Government for accountability?

Following last Friday's rushing of legislation through the House, does the Taoiseach recognise that the Minister now sees problems with it or that the enshrining of gender discrimination further in law will be challenged by the European Court of Human Rights? Given there was not time last Friday to address the amendments helpfully suggested by the Opposition, will the Taoiseach take on board the amendment from my colleague and justice spokesperson, Deputy Cuffe, which would be a holding exercise that would ensure there was no discrimination by way of gender in the legislation? That amendment, which replaces the discriminating section 5 with a lesser offence that would apply to both boys and girls would at least ensure the legislation would not end up in court with a further constitutional challenge, which is very likely. Will the Taoiseach agree to that? Is he amenable to amending the law immediately to prevent a further debacle and escalation of concern among the householders and parents of this country who are in a very worried state at the way the Government has essentially rushed to protect itself, rather than to protect children?

Will the all-party committee focus on this issue or will the Taoiseach bring the terms of reference, about which he spoke in terms of the Attorney General, to the House immediately so that we can see what is needed? What is the timeframe for the all-party committee to report given the urgency of these matters and the constitutional risk that hangs over the botched legislation the Government brought in last Friday?

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