Bertie Ahern (Dublin Central, Fianna Fail)

It is not the view of the Government or the extensive number of legal advisers to whom we have talked that this is botched legislation. The legislation does what it was primarily intended to do. It restores offences of statutory rape in a way that respects the judgment of the Supreme Court, and that is what it set out to do. While people may wish to see further measures or a different emphasis on the legislation, the Bill satisfies the essential criteria, addressing the Supreme Court concerns and gathering the broad support essential for its quick passage.

It was acknowledged in the House and by the Minister that the legislation is a stop-gap measure. It is intended to have a more wide-ranging debate on the whole area through the all-party committee. I will set out some of the suggestions for the all-party committee, but I am sure they will not be the only views and people will have an opportunity to put issues forward.

I set out earlier some of the reasons the Bill was drafted as it was with regard to the issue of discrimination. The legal view can be examined over the next few weeks. The reason this view was adopted is that our constitutional laws do not prohibit discrimination per se and legislators are entitled to take account of differences in situations in enacting our laws. It is only if one acts irrationally and thus without any reasonable basis that our courts will strike down such laws. Therefore, it is not considered likely this Act will be struck down. The view is that we have acted properly in enacting it and are motivated by nothing other than a desire to protect young boys and girls.

The Deputy made further points about children in general and legislation. I set up the Office of the Minister for Children to bring greater coherence of policy in this area. That is seen as an advanced step. We announced the bringing together of various functions in forming that office, functions of the Department of Health and Children, child welfare, protection policy and the National Children's Office. We set out a five-year strategy for children and provided resources to deal with that. We set up an investment programme to build on the success of the equal opportunities programme and made changes on unpaid maternity leave, child care supplement, child minding relief, child benefit, foster care allowances and assistance for homeless children. The Deputy should take these into account and acknowledge the substantive work the Government has done in the area of children.

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