Pat Rabbitte (Dublin South West, Labour)

I welcome the emergency Bill, which is designed, as the Taoiseach stated, to deal with the loophole identified last week. With regard to the reference to "minor", there were 55 prosecutions and 34 convictions under that section in 2000. I am not sure why there have only been a couple each year since then but that was the situation until 2000.

I have a question for the Taoiseach, which it would be helpful for him to clarify before the debate begins. The controversy, as Deputy Kenny correctly noted, arises from the Supreme Court judgment last year in which the court struck down as unconstitutional an offence under the 1935 legislation prohibiting unlawful carnal knowledge of a child. The offence was struck down because it was one of absolute liability. In other words, the offence did not allow a defendant to plead a defence of honest mistake. On last year's legislation — the escapade to which Deputy Kenny referred — reinstating the offence of unlawful carnal knowledge was enacted so as to comply with constitutional requirements as decreed by the Supreme Court. In other words, it recreates the offence but it allows a defence of honest mistake or reasonable mistake to be pleaded. In the meantime a referendum has been proposed which would, if passed by the people, enable the Oireachtas to include a defence of honest mistake. The Oireachtas could then legislate to create a zone of absolute protection for children. Until the referendum is passed, however, any legislation introduced in this area must satisfy the current rules, particularly if it concerns a serious offence. It is now proposed to make the activity an indictable offence so the defence of reasonable mistake must be provided for. One response, suggested in a letter I sent to the Taoiseach this morning, would be to proceed with that part of the referendum concerning the protection of children.

The other response is the Bill we are being asked to enact in the House this evening. That Bill reinstates the offence of soliciting and importuning a child for sexual purposes but, given that the Supreme Court has held there must be a defence of honest mistake, is the Taoiseach satisfied such a defence is provided for in the Bill? If he is, can he suggest the section which so provides? As far as I can see the Bill does not make such provision and there is no reference to any defence to the offence in question.

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