Pat Rabbitte (Dublin South West, Labour)

In some of this morning's newspapers, the Government has floated the notion of a constitutional referendum on the issue of child rape. Can the Taoiseach confirm that it is the Government's intention to hold such a referendum? Will the proposed amendment differ from the suggestion made after the recent crisis by the Minister, Deputy Dermot Ahern, that the Constitution would be amended to reverse the Supreme Court decision? Is the amendment that is now proposed in line with the Minister's suggestion or is it in line with the amendment to protect children's rights that was proposed by the all-party committee? I would like to ask the Taoiseach about this issue, which plunged the country into outrage and the Government into disarray. Why is the Government prepared to do everything other than allow for an independent investigation of what transpired during the recent period of crisis?

The Taoiseach's website makes it clear that he is responsible for liaising with the Office of the Attorney General and the Office of the Director of Public Prosecutions. If one examines the guidelines for the Office of the Attorney General, it is clear that it has a responsibility "to maintain not only a strategic viewpoint but to keep client Departments informed of the possible consequences of the litigation for them and for other Departments of State". The Office of the Attorney General did not live up to its responsibilities in this instance.

The country was outraged during the recent crisis because people in authority, who might have been expected to respond to unfolding events, were in a position of knowledge or were capable of responding, did not seem to know what was happening. The Minister for Justice, Equality and Law Reform brought the Criminal Law (Sexual Offences) Bill 2006 to this House, but it was disowned by his Government within 36 hours. Indeed, it was disowned by himself. He claimed more authorship last night of the Defence of Life and Property Bill 2006, which has been introduced in the Seanad by a Progressive Democrats Senator, than he did of the Criminal Law (Sexual Offences) Bill 2006 when it was introduced in this House.

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