Alex White (Dublin South, Labour) | Oireachtas source

When this issue was raised in the House by Senator Jillian van Turnhout and others, the Minister lent his support to the view that the matter should be dealt with as speedily as possible. He pointed out that the issue was complex and did require careful consideration to ensure that any proposal, such as was canvassed at the time, would correctly balance the constitutional right of the accused to due process with the privacy rights of the complainant. The Attorney General has advised that a detailed examination is required to precisely identify and provide for the rights concerned. As it is intended to complete passage of the Bill before the House rises for the summer vacation, the Minister decided that there was not enough time to address comprehensively the issue with the careful consideration required in the time available. The Minister believes that further consultation with interested parties is necessary to bring forward a robust and workable solution. In particular, he wants to consult with the Director of Public Prosecutions to ensure that any proposal put forward will work in practice to protect the rights concerned and ensure the effectiveness of the prosecution process. He also believes that any proposal in this regard should be comprehensive and should address the rights of adult as well as child complainants.

The examination and consultation on this subject, proposed by the Law Reform Commission, would be a suitable way of examining such a complex issue. However, the Minister considers that the timeframe for such examination is not appropriate and that more immediate action is required. He has, therefore, decided that this issue will be addressed in the forthcoming sexual offences Bill which is at an advanced stage of preparation in his Department. He believes that this is the correct approach to ensuring that that a suitable legislative solution is found as soon as possible to resolve the issue.