Seanad debates
Wednesday, 31 May 2006
Supreme Court Judgment on Statutory Rape: Statements.
8:00 pm
Maurice Hayes (Independent)
I thank the Minister for coming to the House for this important debate. I have found it helpful to hear the legal issues set out clearly. There are three problems, a medium-term, a short-term and a damage limitation problem. The medium-term problem has to do with the age of consent and a general adjustment in that regard. We live in a society in which media, marketing and other forces all push children towards an earlier expression of sexuality. We can be surprised at the precocity of young people. If we do a quick job now, I hope we do not lose the appetite for dealing with that issue. It should be dealt with in the medium term as some Members have suggested.
The short-term measure required is really a plumbing job to repair the Act, given the deficiencies attributed to it by the Supreme Court. I disagree with Senator O'Toole that this can wait. There is a public demand for something to be done now. I take the point that there is plenty of protection and that children are not unprotected. That is a valid legal point, but there is less political validity. Within the next day or two we need some emergency or temporary legislation to deal with this and try and reinstate the law to where we thought it was.
On the question of damage limitation, we must deal with the effect of the Supreme Court and subsequent judgments. I am encouraged to hear the State will pursue the individual cases with the vigour indicated by the Minister with the possibility of ensuring, within the Constitution and the law, that the people who should be in jail for offences to which they have admitted stay there. I think that represents what most people think the law should be. I hope the Minister is right. As the beadle said in Oliver Twist, sometimes "the law is an ass". Therefore, I think the Minister might have to think of what to do in those circumstances. That brings me to the point that we need to ensure that families or victims receive support and protection. This could be provided by social workers or gardaĆ.
I commend the Minister on the response he has given the House this evening. I found it helpful and reassuring. I wish him well with the steps he proposes to take. It will be easier to discuss them when we have the text of the legislation in front of us. Like everyone else in the House, I am sure, I want to give the Minister all the support I can in his efforts to protect children.
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