Bertie Ahern (Dublin Central, Fianna Fail)

If he thought it was a minor offence, the Tánaiste would not be introducing the legislation. Although it is not a section that has been used, it is clearly not a minor matter and that is not the impression the Tánaiste gave in the discussions I had with him. The Government is not satisfied to leave any gap in our laws governing sexual offences and the protection of children because, although the Garda has not used this, it could hinder a successful investigation or the prosecution of persons for activity that leads to the sexual abuse of children. Therefore, it is right that we close it off immediately, on the first Dáil day since the matter was raised by Deputy Rabbitte last week.

As I said, a section 6 offence is a summary offence to which the power of detention for questioning does not apply and while, from a purely legal perspective, it is not a matter of urgency to legislate on the issue, it is important to allay public fears by enacting the proposed Bill immediately. This is what the Tánaiste had stated. The legislation being brought before the House today will amend section 6 of the 1993 Act, which was the main Act, by applying the provision to the offences at sections 2 and 3 of the 2006 Act, which was the Act of last June. The opportunity is also being taken to make the section 6 offence an indictable offence, conviction of which would ensure that the offender was placed on the sex offenders register.

The new Bill will mean it will be possible to convict a perpetrator on indictment and the maximum prison sentence ensures it will be an arrestable offence, giving the Garda power to detain suspects for questioning, and will also ensure that certain provisions of the Criminal Law (Rape) Act 1981 will apply to the section 6 offence. These include exclusion of the public from proceedings, anonymity of complainants and the accused, and preliminary examination matters. It also adds the offence to the definition of sexual offences in the Criminal Evidence Act 1992, under which special provisions apply to children giving evidence in sexual cases, and the Sexual Offences (Jurisdiction) Act 1996, under which it will be possible to charge a person resident in the country with a comparable offence committed abroad — that comes under the Bail Act 1997, under which bail can be refused on certain grounds for serious offences. It adds the offence to the provisions of the Civil Legal Aid Act 1995, under which a complainant can receive legal advice.

The point was correctly raised by Deputy Rabbitte. The Government has acted on it. We have strengthened it and taken the opportunity to introduce the Bill. That was the correct thing to do and it was correct for the Tánaiste to move on it immediately.

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