Dáil debates

Wednesday, 1 November 2006

 

Office of the Attorney General.

4:00 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

As the Taoiseach is aware, the online Statute Book facility is now preceded by a disclaimer which the user must accept. It states that the Attorney General assumes no responsibility for the accuracy or up-to-date nature of the information provided on the website. Given that there has been an IT report and a three-man recommendation in 1995 following the Sullivan report, we should have moved on from a position where the information published on the website, which is accessible to citizens, researchers, academics, legal practitioners, legislators and members of the Judiciary, is not 100% reliable. Either the Statute Book is accurate or it is not. We should be in a position to state that the content of the Attorney General's Statute Book website is accurate. Will the Taoiseach comment on that?

The Taoiseach will recall the famous Fr. Smyth affair, which was followed by recommendations for changes within the Attorney General's office so it would never happen again. Deputy Rabbitte referred to the Mr. A statutory rape case. I stated at the time and still believe it is incredible that the Attorney General of the day, who meets the Minister for Justice, Equality and Law Reform of the day on a regular basis, would not be able to at least state that, as case X or Y is before the Supreme Court and as the decision to be made by the Supreme Court, while it is for that court to make, will be one way or the other, the Government of the day will be in a position to act accordingly.

During the statutory rape case, as the Taoiseach was on official business at the United Nations, the Minister for Justice, Equality and Law Reform, who was left here, told us there was no need for us to rush but the next day he had to say the Dáil would be recalled. The Supreme Court made its decision one way and then made a revised decision a fortnight later. Has that matter been dealt with in terms of the implementation of the Sullivan report? Is the Attorney General aware of any sensitive social cases such as this, where a decision is currently in the process of being arrived at in the Supreme Court that might require the Government to act legislatively and promptly? The Taoiseach does not want what happened in the Smyth case a number of years ago and in the recent statutory rape case to arise again and neither does anybody else. Therefore the Taoiseach needs clarity of agenda and real information from the Office of the Attorney General for the Cabinet, particularly for the Minister for Justice, Equality and Law Reform. Has that been addressed in following the Sullivan report's recommendations?

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