Pat Rabbitte (Dublin South West, Labour)

Can the Taoiseach say if the Attorney General will meet with the spokespersons in advance of the debate? The point I raise needs to be clarified before we start. If a person is charged with soliciting or importuning a child to engage in an act which would constitute an offence under last year's legislation he or she would not be guilty in the event of an honest mistake being made as to the child's age at the time of the offence. That person should not be guilty of an offence under this Bill either. l refer the Taoiseach to section 3(5) of the Criminal Law (Sexual Offences) Act 2006 which states: "It shall be a defence to proceedings for an offence under this section for the defendant to prove that he or she honestly believed that, at the time of the alleged commission of the offence, the child against whom the offence is alleged to have been committed had attained the age of 17 years". This year's Bill is concerned with activities which take place prior to any sexual activity and a defence of honest mistake would have to be concerned with the defendant's state of mind when the offence is committed but that is not clear. I ask the Taoiseach or, if the Taoiseach is unable to deal with it, the Tánaiste, if he is satisfied and has received legal advice that it is not necessary for a subsection allowing a defence to proceedings under this Bill of a genuine belief that the other person was of age at the time of the alleged offence.

Can the Taoiseach tell the House whether there have been consultations with the Ombudsman for Children? Have there been consultations with that extraordinary creation of last summer's tumult, the two special rapporteurs we were told would ride shotgun on the issue? Have they been asked whether any infirmity exists in the Bill to be brought before the House this evening?

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