Taoiseach says if rape legislation is ready, Dáil will be recalled

The Dáil will be recalled from its recess next week if the legislation to deal with the fall-out from the court decisions on statutory rape is ready, Taoiseach Bertie Ahern assured the House.

"If we have the legislation by the weekend, the Cabinet committee will meet then and we can bring it to the House next week to pass it. I have asked everybody and everyone to try to do that."

Mr Ahern said the issue was not simple. "I say that with the greatest respect to the people who have drafted Bills. There is a difference, however, when the Government drafts Bills that must be based on legal advice."

They must ensure, he added, that the laws were not discriminatory on the grounds of gender and that they had defences required by the Supreme Court decision to sustain their constitutionality.

During heated exchanges with Opposition deputies, Mr Ahern said that the legislation would not deal with the current cases. "In the meantime, existing laws will be enforced."

Fine Gael leader Enda Kenny said that as a public representative and a father, he was appalled by the High Court's decision that released "a pervert" back into society. "The fact that a person who deliberately plied a young girl of Confirmation age with alcohol and then had sex with her has now been released back into society, at a time when this Government failed to see such a scenario coming, is an appalling example of incompetence in respect of protecting young people.

"Why did the Minister for Justice state last week that there was no gaping hole in the law and no need to rush serious legislation?"

Mr Kenny said that "thanks to the Taoiseach's breathtaking incompetence, Mr A has walked free and so might Messrs B, C, D, E and F".

He added: "We should think of Mr B and a pervert who serves four life sentences for having sex with girls aged six, eight and 10 years. The court described his case as one of the worst to come before it . . . It now appears that he could also walk free."

Mr Ahern said that the criminal code still prohibited sexual offences against young persons, the crime of rape remained as part of the law and the Garda and the DPP were duty bound to uphold and enforce the laws.

People knew it was not true that the Government had a debate with the Supreme Court or judiciary before they made their judgments, "nor is there an early warning system for the Department of Justice, the Attorney General or me".

Labour leader Pat Rabbitte said the Taoiseach did not understand that parents were not interested in a dissertation on criminal law or the contents of the 1990 Law Reform Commission report. "They want to know if their children will be safe this weekend."

He added: "If the Taoiseach thinks he can fly away to America tomorrow morning and avoid Leaders' Questions and, more disgracefully, put this House into recess for 10 days, he really has lost touch with the people of this country."

Mr Ahern repeated that he had asked that the legislation be prepared by the weekend. "Deputy Rabbitte will appreciate that I am unlikely to be drafting it in the 46 hours or so I am in the United States, but I will be back by the weekend and we can clear it then."

Mr Ahern said that many people had looked at the legislation over the past 15 years, deciding in many reviews, five Acts, a discussion paper and many submissions that the issue should not be dealt with.

Caoimhghín Ó Caoláin (SF, Cavan-Monaghan) said that in addition to legislation, a raft of other measures to protect vulnerable young people was required.

"I have in mind educational measures and the need to inculcate greater social responsibility to create a greater awareness of the dangers of alcohol abuse and casual sex."

Mr Ahern said they would have to examine any knock-on implications the legislation had for any other Acts. "It is not just a question of making a few amendments but of looking at its implications for other legislation, and we will do that."