The Dáil has voted this afternoon to pass the latest stage of new legislation recommended by Minister for Justice Michael McDowell to the house governing sexual offences against children under the age of 17.
The Seanad is meeting this afternoon to discuss the new Bill, which was produced last night after intense talks within Government and with Opposition parties.
Speaking in the Dáil this morning, Minister McDowell, who has come under fierce criticism for his handling of the crisis, outlined the contents of the Bill.
The Bill, which was to be supported by Opposition parties, will restore the offence of statutory rape to the statute books and set 17 as the age of consent for boys and girls. It will also provide stiffer penalties for sex offences committed by people in authority like teachers or sports coaches.
Minister for Justice Michael McDowell
Engaging in a sexual act with a child between 15 and 17 will be punishable by up to five years in jail, or ten years where the accused was a person in authority.
The Minister defended the Government's reaction to the crisis, saying that "when the dust settles and when the frenzy is over, it will be seen that I and my colleagues have acted honestly and truthfully" in the matter.
However, Mr McDowell also said that an unexplored side effect of the Supreme Court decision was that defence lawyers would now be able to "vigourously" cross-examine young girls in the witness box on their perceived age at the time of the offence.
On this basis, Mr McDowell said that he "reluctantly" recommended the Bill to the house as "what we are doing today has been forced upon us by the Supreme Court decision."
Fine Gael leader Enda Kenny attacked the Minister and the contents of the Bill. He claimed that Section 5 of the Bill - which exempts girls under 17 who have engaged in an act of sexual intercourse of an offence - as "seriously problematic," adding that it "may be unconstitutional" and was "discriminatory" against males.
However, the Minister said he believed the robust legislation would withstand legal challenges. "I'm confident it will stand. I've consulted closely with the Attorney General on everything. I've done my level best," Mr McDowell added.
Fine Gael's spokesman on Justice & Law Reform, Jim O'Keeffe, said he would propose an amendment to Section 5 of the Bill but later withdrew this after Minister McDowell said he would establish an all-party committee to look at legislation which would include a gender-neutral view of individuals who engage in an act of intercourse while under the age of 17.
Claiming the Bill was "drawn up on the back of a Panadol box in a Fianna Fáil back room," Mr Kenny criticised the Government and said it was "not conscience and duty that brought them here. It was the public's fury and . . . they [the Government] have failed again while the guilty walk free."
He said the Government should have had the legislation ready ahead of last week's Supreme Court ruling.
Labour Party leader Pat Rabbitte claimed that the Government's response to the crisis "was like waching a car crash in slow motion".
Echoing Fine Gael concerns over Section 5 of the Bill, Mr Rabbitte said it was "suspect constitutionally."
The Labour Party's spokesman on Justice, Brendan Howlin, said: "Rushed law is normally flawed law, if not outright bad law."
He claimed: "The Government is putting children in the dock for acts which today are not criminal but which will be criminal by this evening. It is not illegal today - and has not been illegal throughout the history of the State - for a 16-year-old boy and girl to engage in consenting sexual acts other than intercourse. This is about to change."
Lawyers for the State this morning began an appeal in the Supreme Court against the release of Mr A. The 41-year-old man was freed on Tuesday after the legislation that convicted him for having sex with a 12-year-old girl in 2003 was declared unconstitutional.
The Supreme Court ruled on May 23rd that Section 1.1 of the Criminal Law Amendment Act of 1935 did not allow for a man accused of statutory rape to claim that he made an honest mistake about the victim's age. This specific defence is clearly enshrined in the new Bill.
A number of demonstrations are being organised around the country today by support groups for victims of sexual abuse.
Protests took place at Leinster House, where participants wore white flowers to symbolise childhood innocence, and there will be events at town halls and squares in Limerick, Mayo, Kerry, Galway, Clare and Kilkenny.
