Bertie Ahern (Dublin Central, Fianna Fail)

I do not accept the Deputy's point, which he has made on two occasions, that the Criminal Law (Sexual Offences) Act 2006 is flawed. Although there are different views on this matter, the Attorney General is satisfied the Bill is not unconstitutional. Otherwise it would not have been introduced. Although I accept that many issues must be teased out, not least that there is a general dissatisfaction that there is a need to provide for a defence of honest belief as a result of the Supreme Court ruling, it is not flawed.

I have answered the other issues. The person who dealt with the case processed it in an expeditious, timely and conscientious manner. There was no deliberate decision to withhold notification or information from the Attorney General, nor was there any suggestion of cover-up or concealment. Under procedures and protocol the case should have been brought to the attention of the Attorney General. It was not, and we know what happened. We also know that over the period no convicted prisoner who was sentenced to jail for offences under section 1(1) of the 1935 Act was released from jail, other than Mr. A, who was released only for a few days as a result of the Supreme Court judgment. None of Messrs. B, C or D, or any other convicted criminal, was released from jail. The procedures have been thoroughly examined in the Sullivan report. The Office of the Attorney General has worked diligently in the past four months to implement those recommendations in its office procedures and protocols, which are strict. The Office of the Attorney General has also worked to develop better co-ordination and to highlight issues on a more regular basis. That does not take away from the volume of work and case law it has. Because the courts, including the Supreme and High Courts, have more members, the Office of the Attorney General experiences heavy workloads and pressure. The last mistake was not one of a lack of procedure but an administrative error. We have to understand that it can happen. While it would be great for me to say these things should never happen, they can. The Office of the Attorney General will do all it can to ensure these matters are rectified by having tighter procedures and controls in the future.

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