Michael McDowell (Dublin South East, Progressive Democrats)

On Deputy Jim O'Keeffe's point, the Bill refers to the 1998 Act in the list of legislation referred to. It is a matter of drafting style as to whether we should include everything. I do not believe that much hangs on whether reference should be made in the section to the Act of 1998. Including such a reference might make the section more easily readable or it might make it less so. I am of the view that section 6 is quite clear and that one would not be obliged to consult the list in order to discover which legislation is the Act of 1998. That is merely a drafting point and I do not wish to make an issue of it.

When Deputy Rabbitte pointed out on Thursday last that a difficulty existed, I did not know whether he was right or wrong but I assured him that if there was a problem, I would deal with it as quickly as possible. He issued a statement on Friday asking me to deal with it as a matter of urgency and presented his Bill. Fine Gael also presented a Bill. My approach in respect of this matter has been to try to achieve a consensus rather than engaging in arguments as to who produced the better text. I took the spirit of the Labour Party Bill and the text of the Fine Gael Bill and tried to achieve a fair blend of the two in order that we might deal with this matter today. I am trying to deal with it as a matter of urgency.

Despite what was stated earlier regarding the origins of the 1993 Act, it is a strange anomaly in our law that it was a summary offence, triable only summarily and with no power of detention for questioning, to ask a child to engage in sexual activity. I do not know why that was the case or how we arrived at that position.

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