John Perry (Sligo-Leitrim, Fine Gael)
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Question 138: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will make a statement on correspondence (details supplied). [14468/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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On 23 May 2006 the Supreme Court delivered its decision in the C.C. case in which it found that section 1(1) of the Criminal Law Amendment Act 1935 was inconsistent with the Constitution. That section, and the related provisions in the Act, formed an essential part of the legal regime for the protection of children from sexual abuse. The immediate response of the Oireachtas was to enact the Criminal Law (Sexual Offences) Act 2006 which was enacted on 2 June 2006. That Act restored a regime of protection of children against sexual abuse and modernised and brought up to date the law in that area. Also, because of the urgency of the legislation, there had been little opportunity to engage in a process of consultation or period of reflection which would be normal in the case of such significant legislation. Therefore, the Joint Committee on Child Protection was established by resolutions of both Houses of the Oireachtas to engage in such a process of consultation and to reflect on the issues involved. Among its terms of reference, the Committee was asked to consider the implications arising from the consequences of the Supreme Court decision in the C.C. case and to examine the desirability or otherwise of amending the Constitution to deal with the outcome of that case and/or provide for a general right of protection for children. The Committee issued its report to the Houses of the Oireachtas on 30 November 2006. The Government is committed to the Report of the Joint Committee on Child Protection and that commitment is reflected in the proposed amendment to the Constitution in the Twenty-Eighth Amendment of the Constitution Bill 2007 presented by the Minister for Health and Children on 16 February 2007. This amendment, if passed by the people, will allow the Oireachtas to enact laws which will offer greater protection to children against sexual abuse by creating offences of absolute or strict liability. It has not been possible, given the time constraints, to debate the Twenty-Eighth Amendment of the Constitution Bill in the Houses of the Oireachtas, where it was hoped all-party agreement on the issue could be achieved. Accordingly, the referendum cannot be held before the Autumn, which leaves adequate time for consultations and reflection on the wording of the constitutional amendment.