Alan Shatter (Dublin South, Fine Gael)

I presume the Taoiseach is aware that the Supreme Court judgment in the Abbeylara case, from my recollection, was delivered very early in 2002. What consideration has the Government given to date to the constitutional amendment that is required to address that judgment in a manner that would empower committees of this House to operate in the public interest and in a manner that respects constitutional rights? Would the Taoiseach not acknowledge that if there is to be accountability in public affairs, Oireachtas committees examining issues of public expenditure, the application of Government policy or the approach taken by State or semi-State bodies can only address issues where things go wrong by ultimately determining why they went wrong, where the decision-making process was flawed and in some instances by identifying who was responsible or accountable for the wrong decisions made? The Abbeylara judgment at present makes it impossible for committees to do the final act which is to determine who, if anybody, was accountable. As there is a public interest to ensure accountability, there is absolutely no reason a reasonable amendment to the Constitution could not be proposed that empowers Oireachtas committees but at the same time requires them to observe basic principles of constitutional and natural justice.

On the other issues that have been raised today, the first report of the Joint Committee on the Constitutional Amendment on Children that was published in September 2008 emphasised the urgency of addressing the issue of vetting because of the large number of children in the State who have been victims of sexual abuse. Such cases are still going through our courts. For example, in recent times yet another swimming coach was convicted and sentenced for the sexual abuse of children. That all-party report asked the Government to publish the legislation by the end of 2008. The Taoiseach has told the House that heads of a Bill have not even been submitted to Cabinet despite the Minister of State with responsibility for children and youth affairs engaging in some self-promotion in December whereby the media announced that heads of a Bill would be considered by Cabinet in December 2009. As a consequence of everything we have learnt, read, seen and understood about sexual abuse, we have a very profound obligation to children to fast-track this legislation, bring it through the House and have it enacted before the summer to ensure we have vetting procedures in place of a standard that reflects those in other countries to ensure children are protected from sexual predators.

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