Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Last June I warned the Government that crisis-led legislation ultimately risked creating more loopholes than it closed. That is the case today and it is inexcusable because there was no need for any of this to have been crisis-led. In 1990, when the Law Reform Commission first recommended the law on statutory rape be changed, this Government and successive Administrations, including the Fine Gael-Labour Party-Democratic Left coalition, were aware of a possible clash with the 1937 Constitution. However, they all failed to act sensibly on this knowledge. Hence, it was only in June 2006 following the release of a convicted child sex offender that action was taken to amend the legislation accordingly. At the time we facilitated passage of the emergency Criminal Law (Sexual Offences) Act 2006. In doing so we called on the Government to use the period immediately following its passage to review, debate and introduce proposals for a comprehensive and coherent code of law covering offences against children that is free from anomalies and loopholes. It may be difficult to cover all angles, but that is part of our job in this House, and this is one initiative on which I would welcome legislation for once from this Minister, who is a serial legislator.

Speaking during that crisis last summer and with reference to his proposed emergency legislation, the Minister said: "I am confident that when the dust settles and the frenzy stops I will be seen to have acted with good authority and with competence, honesty and courage". I am not questioning the Minister's honesty in this but competence is lacking as may be seen from the legislation before us. The dust has settled, the frenzy continues because of his incompetence and that has led to new loopholes being clearly visible and further emergency legislation is required. A range of issues which should have been addressed by legislation subsequent to last summer's Act remains outstanding, with no evidence that this Government intends to address them at all. I shall return to those.

However, I wish to make a few points on the limited content of the Bill before the House. According to its explanatory memorandum, the purpose of the Bill is to add to the offences provided for in last summer's emergency legislation the offence of soliciting or importuning a child or a person who is mentally impaired for the purpose of committing a sexual offence. It also broadens the definition of "sexual exploitation" in the Child Trafficking and Pornography Act 1998 by including references to inviting, inducing and coercing a child "to participate in or observe any activity of a sexual or indecent nature". The Bill also introduces the offence of grooming. These developments are welcome in principle.

Like other parties in the House, Sinn Féin will facilitate the passage of this emergency legislation by not opposing it. The Government needs to ensure that the technical outworkings of the Bill will not create further loopholes or anomalies and that this Bill is constitutionally sound. Ultimately, the ad hoc nature of the developments in this area is unacceptable and is not in the interests of children.

The scale, extent and impact of child sexual abuse has been uncovered in recent reports. Many cases have been reported on, after years of denial when these issues were kept in the dark. Child sexual abuse often has devastating lifelong consequences for its victims. Under-reporting is a reality in this area, as it is with other crimes of sexual violence. Very few of the small number of cases which reach the courts result in convictions and appropriate measures. The health and counselling needs of victims are often not met, sometimes for resource or legal reasons, such as the requirement for parental consent. Traumatic court procedures can again make victims of children who have already suffered the worst forms of abuse. Uniform responses are not guaranteed under the reporting procedures involving the Garda and the HSE. Adequate resources have not been allocated for the Garda vetting of applicants who seek to work or volunteer with children.

It is not sufficient to create one or two additional offences — many matters need to be addressed urgently. While some of them will require underpinning legislation, others will not. On behalf of Sinn Féin, I ask the Government to introduce legislation to place on a statutory footing the recommendations of Children First: National Guidelines for the Protection And Welfare of Children. The Government should ensure that the guidelines are resourced and implemented fully.

I call on the Government to protect vulnerable children during court proceedings, for example by appointing court commissioners to take evidence. We should follow the lead of the authorities in Scotland by preventing the cross-examination of vulnerable children by aggressive counsel. The issues I have mentioned, as well as many other outstanding problems, need to be addressed if children are to be protected.

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