Emergency legislation to outlaw soliciting children for sex is set to pass all stages of the Dáil tonight after a debate.
The Criminal Law (Sexual Offences) Amendment Bill 2007 was introduced after Labour leader Pat Rabbitte revealed in the House last week that emergency legislation introduced last summer omitted the offence of soliciting or importuning a child for sexual purposes.
Minister for Justice Michael McDowell acknowledged the Labour leader had correctly identified a loophole in the law but said it was "not as significant as has been claimed in some quarters".
The proposed legislation extends child protections and introduces penalties for new offences including: the grooming, soliciting or importuning of a child or a mentally impaired person for the purpose of committing an offence.
Such an act would be an arrestable offence making it possible to convict a perpetrator by way of either a summary conviction or on indictment.
A person found guilty of an offence under the section will be liable on summary conviction to a maximum fine of €5,000 or imprisonment for a maximum term of 12 months or both.
Conviction on indictment will result in a fine or imprisonment for a maximum term of five years or both.
The legislation also introduces a new offence of meeting a child or travelling to meet a child for the purposes of sexual exploitation. The maximum penalty on conviction of the offence is 14 years' imprisonment.
Speaking during the Dáil debate this afternoon, Minister for Justice Michael McDowell denied that children had been left unprotected from sexual predators because of the loopholes.
"I do not want to play down the importance of rectifying the regrettable omission in the 2006 Act; neither do I want to exaggerate the importance of a provision which, may seem significant, but which has not been used to convict any person over the last few years and probably beyond,." Mr McDowell said.
He acknowledged however that "not to bring forward this Bill would leave a gap in the law" and he welcomed the opportunity to introduce an offence of meeting or travelling to meet a child following sexual grooming.
Pat Rabbitte
He also said he was incorporating an amendment proposed by Fine Gael into section 6 of the Bill on the grooming of children. Some adjustments had been made, he added.
Fine Gael's justice spokesman Jim O'Keeffe accused the Government of dragging its heels on child protection. "I think that no single Government since the foundation of the State has been so cavalier with issues of child protection, nor any Justice Minister so callous in addressing blatant lacunae in the law."
Green Party spokesman said: "We mustn't be producing emergency legislation to respond to the latest newspaper headlines.
"Laws must be fully researched and properly debated and be robust enough to exist long after we are gone."
Sinn Fein's Aengus O Snodaigh reminded Mr McDowell of what he had said last summer when passing emergency legislation which led to the latest loophole. "I am confident that when the dust settles, and the frenzy stops, I will be seen to have acted with good authority and with competence, honesty and courage," the minister had said at the time.
Mr O Snodaigh went on: "Well Minister the dust has now settled but the frenzy continues as your past incompetence leaves new loopholes clearly visible and further emergency legislation is required."
Before the Dáil debate on the legislation this evening, Labour Party spokesperson on Justice Brendan Howlin called for more time to discuss the proposed legislation.
"On a preliminary reading of the Bill, there are a number of issues that arise, including whether the measure proposed fully complies with the Constitution, having regard to the decision of the Supreme Court last year."
"In this regard, the Government's proposal to limit debate on the Bill to two hours, including just 30 minutes for the Committee Stage which requires line by line examination of its provisions, is simply inadequate."
The legal loophole was initially raised last week by Mr Rabbitte in the context of the Garda investigation into an alleged Dublin paedophile ring.
Mr McDowell then issued a statement in which he said the Government would introduce legislation to close off the loophole.
The Minister said the loophole came about after the previous scope of Section 6 of the Criminal Law (Sexual Offences) Act 1993, as amended by section 250 of the Children Act, 2001, was limited with the introduction of the 2006 Act.
"Section 6 creates a minor offence triable only in the District Court and for which there is no power of detention for questioning. There have been no convictions recorded in Garda annual reports for the last five years," Mr McDowell said.
The Criminal Law (Sexual Offences) Amendment Bill 2007 is expected to pass through the Seanad tomorrow.
Additional reporting PA