Dermot Ahern (Louth, Fianna Fail)

I understand the Senator's motivation in proposing this amendment. However, the issue he raises needs greater consideration and should be addressed in more appropriate legislation. The laws governing the anonymity of persons in sexual offence cases are very complex, as are the reasons for allowing it. They, therefore, need careful and considered analysis. Furthermore, any proposal regarding anonymity should not be advanced without close consultation with victims groups being a prerequisite. The proper place for consideration of anonymity is a comprehensive review of the laws governing sexual offences. I would be very reluctant to proceed in the absence of such a review.

Currently, anonymity of an accused is legally confined to specific offences and situations such as rape offences or where the accused person's name might, as, for example, in an incest case, identify the alleged victim. I intend to publish a major sexual offences Bill next year and anonymity provisions are being examined in that context. The amendment is not appropriate for inclusion in this Bill, as it raises issues that need to be examined in the context of specific legislation dealing with sexual offences. I suggest to the Senator that we do not rush consideration of this sensitive issue without adequate reflection or evaluation. I, therefore, ask that he do not propose the amendment on the basis that I will give a guarantee that the matter is being actively considered in the context of the sexual offences Bill which is being looked at very intensively in my Department. In particular, the Minister of State, Deputy Barry Andrews, through the Joint Committee on the Constitutional Amendment on Children, is looking at constitutional aspects in respect of the rights of the child in the Constitution. There is also the judgment in the "C" case. In preparing the Bill we are looking at the issue of anonymity as it relates to sexual offences generally.