Significant progress had been made in the Attorney General's office in implementing all 19 recommendations of the Sullivan report into the statutory rape controversy, Taoiseach Bertie Ahern told the Dáil.
Mr Ahern said that all the recommendations in the report "are under way" and the changes in procedures and protocols began at various times since the summer.
The recommendations follow an examination of operations in the Attorney General's office after it emerged that he had not been informed about the Supreme Court case, which led to a crisis in child protection services. In the case, Mr C successfully challenged the constitutionality of statutory rape legislation from 1935.
The Sullivan report found that there were seven points in the development of the State's defence at which Attorney General Rory Brady should have been informed, but he was only notified at the first stage, in the briefing of legal counsel. The failure to inform him was put down to an administrative error and not a cover-up and the Taoiseach pointed out that there were actually 550 cases involving constitutional challenges.
"The procedures have been put in place and time will tell how effective they are. The offices have tried their utmost not only to nail down the difficulties of that particular case but to try and tie down the protocols," Mr Ahern said.
He told Opposition leaders that new enhanced procedures were put in place for sensitive cases, for consulting and briefing relevant departments to ensure "risk containment", a legal committee had been established which included the Attorney General and senior officials from his office and that of the Chief State Solicitor's office, which would meet on a bi-monthly basis to review cases.
There were also regular meetings with the office of the Director of Public Prosecutions.
Labour leader Pat Rabbitte asked if the Taoiseach was "satisfied that adequate procedures are now in place to ensure the State cannot be taken unawares by a judgment of the Supreme Court in a case of the gravity of the statutory rape case."
He also expressed concern about the shortage of people trained to draft legislation, and the employment of foreign contract drafters who had different interpretations of legislation.
Mr Ahern said that there was a problem in attracting and training people to draft legislation. "Drafting is a tedious and very tension-filled job" and many people "who come in move on when they are still young". Many of the people on contract were retired from other jurisdictions and often over 60 or 65.
"Staff find they have to check all the work so contracting work out does not help much. It is preferable to have a core staff within the office."
Green Party leader Trevor Sargent highlighted difficulties with the online legislative system. "Is the Taoiseach aware that the electronic version essentially cannot be trusted and that one is therefore directed to the hard copy?" Mr Ahern expressed surprise at this, saying the online version "should be up to date" and that he would raise it with the Attorney General's office.
Fine Gael leader Enda Kenny and Sinn Féin's Dáil leader Caoimhghín Ó Caoláin both expressed concern about a possible recurrence of the statutory rape controversy.
Mr Ahern referred to the 550 cases "coming down the line". The "sheer volume of issues being challenged arises", but new procedures had been put in place and "only time will tell how they work".
He would "love to make a commitment that this means nothing will ever slip through, I would be reluctant to do so". The Attorney General's office "will do all it can to ensure these matters are rectified by having tighter procedures and controls in the future".
