Maurice Cummins (Fine Gael)

I would like to share my speaking time with Senator Maurice Hayes. I am glad that the Minister has at last come to the Houses of the Oireachtas to explain the extent of the problems facing us following the Supreme Court decision. It is over a week since the decision was made and we and the public need answers. The explanations given here raise more questions than answers. Can the Minister confirm how many men are in prison based on section 1(1) of the 1935 Act? How many are facing charges under section 1(1)? What is the scale of the exposure if all these offenders are released just as Mr. A. was released yesterday?

Section 1(2) of the same Act deals with the unlawful carnal knowledge of girls aged between 15 and 17 and is almost identical to section 1(1). Is it the view of the Minister and the Government that a challenge to this section is also likely to succeed? If this is the case, we need to know the consequences. How many offenders are in prison based on section 1(2) of the Act? How many more men are currently in the system facing charges arising from section 1(2)? In the other House this morning the Government had no answers to these critical questions. This is basic information about a serious threat to our young people. It should be readily available and should have been answered in this House this evening.

The Minister and his Department said that he was unaware of the constitutional challenge to section 1(1) even though the challenge had been reported in the Law Society Gazette last October and in a national newspaper last July. No explanation has been offered as to why the Attorney General who was party to the Supreme Court challenge did not alert the Minister to the consequences of the challenge. Since the Supreme Court decision the Minister has been sixes and sevens, I suggest, speaking half truths and making dishonest claims on the radio in particular. Last week he said it does not require an instant response because there is no gaping black hole and we should not rush into serious law. At last, this week and this evening, the Minister and the Government are promising urgent legislation. The only black hole, I suggest, is the gates of our prisons.

On RTE "Six One News" last night the Minister said that the DPP continued to lay charges under section 1(1) of the 1935 Act until recent weeks.