Seán Crowe (Dublin South West, Sinn Fein)
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Question 66: To ask the Minister for Justice, Equality and Law Reform when he was first made aware of a High Court constitutional challenge to the Criminal Law Amendment Act 1935; and if he will make a statement on the matter. [22198/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I can inform the Deputy that I was never made aware of a High Court constitutional challenge to the Criminal Law Amendment Act 1935.

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.