Dermot Ahern (Louth, Fianna Fail)

I accept there is anger and there are none more angry than members of the Cabinet who have had to deal with this issue over the past two and a half years. I do not accept that the laws are inadequate. The problem, as always, is to obtain proof on the offences on the Statute Book. Last May I requested the Garda Commissioner, in light of the investigations into Anglo Irish Bank and associated issues, to propose suggested amendments to legislation and to tell us if, in his view, there was an inadequacy in the law. His response now forms part of the criminal procedure (white collar crime) Bill which is part of the Chief Whip's announcement and it is intended to publish the Bill towards the end of this month and to have it passed before the Dáil rises. We also liaised with the Director of Public Prosecutions with regard to the Bill but they are reasonably small changes.

I believe it is accepted we have sufficient laws to bring those people to court who, beyond all reasonable doubt, committed crimes. Ultimately, this will depend on the DPP's independent assessment of the evidence. It all boils down to evidence. I refer to Deputy Ó Snodaigh's point that this Bill should not be used as a sledge-hammer. It is a proportionate response to the parameters laid down by the Dillon case which stated that every individual under the Constitution has a right of expression and a right of communication and that to prevent this by banning begging would be flying against the Constitution.

On the question of begging, leaving aside the offences of organised begging and living off the proceeds of begging, general begging is banned and is a criminal offence when carried on in the vicinity of ATMs and business premises. This begging is intimidating and a nuisance to individuals. Before a prosecution can be taken, the Garda Síochána has to work within the provisions.

We should favourably consider a change in the law on prostitution. I have asked the Attorney General to examine the report and I have requested his views on the legal and constitutional implications of introducing such a ban. I have no difficulty in publishing the report once the Attorney General has examined it. From my knowledge of the law, there may very well be constitutional impediments on a complete ban. I am also somewhat reluctant to try to cure a problem and create another problem by bringing in a total ban which would make prostitution go more underground. There is a school of thought that a ban would do this, given the circumstances in this country. In principle, if I continue in this job and if there is an opportunity to look at the Dignity report before the Government falls, I would like to bring forward legislation in this area.

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