Ivor Callely (Dublin North Central, Fianna Fail)
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Question 53: To ask the Minister for Justice, Equality and Law Reform when his Department became aware of matters relating to the recent Mr. A Supreme Court case; and if he will make a statement on the matter. [22080/06]

Michael 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 by the High Court 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. Following discussions in the matter with my officials I set up, in late 2004, a Criminal Justice Group comprising representatives from the main agencies working in the criminal justice sector. The Group has representatives from, among others, An Garda Síochána, the Courts Service, the Irish Prison Service, the Attorney General's Office and the Director of Public Prosecutions. The main function of the Group, which is chaired by the Secretary General of my Department, is to promote a co-ordinated and cohesive approach to criminal justice matters. This Group has met on 4 occasions since late 2004 and is scheduled to meet again in July. The Secretary General has advised me that the group will meet more frequently from now on.

I have been advised by the Secretary General of my Department that, from now on, cases of litigation with constitutional and policy implications for the criminal justice system will be a standing item on every agenda of the Criminal Justice Group. Furthermore, it is my intention to discuss with the Attorney General and the Director of Public Prosecutions the importance of putting in place agreed procedures for a consultation process between our three offices in relation to cases of litigation on constitutional and policy issues. This consultation process will be over and above the current consultation process provided for in statute between the AG and the DPP.