Written answers

Wednesday, 7 June 2006

Department of Justice, Equality and Law Reform

Ministerial Correspondence

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 338: To ask the Minister for Justice, Equality and Law Reform if he or his Department had knowledge of the A case; and the action he will take in relation to this matter. [21776/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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As the Tánaiste has told this house, on 29 November 2002 my Department was informed in writing by the Chief State Solicitor's Office of an application seeking judicial review to challenge certain provisions of the Criminal Law Amendment Act 1935 — the "C.C." proceedings. An official promptly phoned the Chief State Solicitor's Office to ascertain whether they needed any response from the Department in relation to the application. The answer was in the negative. In January 2003, the Chief State Solicitor's Office repeated its undertaking to advise the Department of any development in the proceedings. No further communication was received in my Department from the Chief State Solicitor's Office or any other source concerning the "C.C." proceedings. Neither I nor my Department were notified of the hearing or outcome of the High Court case, which the State won, or the subsequent appeal to the Supreme Court. In response to the Supreme Court decision of 23 May 2006, I published the Criminal Law (Sexual Offences) Bill 2006 on 1 June 2006. It passed all stages in the Dáil and Seanad and was signed into law by the President on the following day.

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