The Government attempted to reassure the public last night that 41 men charged under the statutory rape law struck down by the Supreme Court could still be charged with underage sex offences, but legal experts believe another 12 men charged with similar offences cannot be prosecuted successfully.
Fine Gael and Labour expressed concern that it has taken so long to establish how many people faced prosecution for underage sex offences under the terms of the 1935 Criminal Law (Amendment) Act, part of which was struck down by the Supreme Court last month, and both parties expressed their fears that at least some of those charged would now get off.
Enda Kenny and Pat Rabbitte announced last Sunday that they were going to write to the Director of Public Prosecutions seeking information about prosecutions for sex offences that they had been unable to get from the Government.
That information became available yesterday and, while both Opposition leaders maintained that it was a remarkable coincidence, the Government was adamant that the DPP had supplied it with the figures only on Tuesday of this week.
During questions yesterday Mr Ahern said that 42 people faced prosecution under Section 1 of the 1935 Act which had been struck down by the court while 12 more were being prosecuted under Section 2 of the Act.
Another 16 people are serving jail sentences for underage sex offences after conviction under the 1935 Act. A Government spokesperson said later that after further clarification from the DPP's office, the figure was 41.
During questions from Mr Kenny and Mr Rabbitte in the Dáil the Taoiseach insisted that the 42 people charged under Section 1 of the Act for sexual offences against a person under 15 could still face charges of sexual assault, aggravated sexual assault or possibly rape.
He said that it would be up to the DPP to make a decision in each case.
In relation to the 12 men charged under Section 2 of the Act relating to offences with someone aged between 15 and 17, the Taoiseach said the offence of rape could be preferred, depending on the factual circumstances.
However, informed legal opinion suggested last night that a successful prosecution in these 12 cases was much less likely than in the 41 cases involving a girl under the age of 15, because the issue of consent might arise.
Fine Gael and Labour expressed the hope that successful prosecutions could be taken in all 53 cases but both parties expressed doubt about whether that would actually happen.
Mr Kenny maintained that there was now a chance that many of those facing prosecution would walk free. He said that while he hoped the DPP would proceed to bring charges in all the cases, that might not be possible.
Mr Rabbitte expressed similar views in the Dáil. He said that while the Taoiseach had said charges would be preferred against the 41 persons, it was not beyond the bounds of probability that those charges might fail, in at least some cases.
He also pointed out that Mr Ahern did not appear as confident of success in the other 12 cases.
Minister of State for Children Brian Lenihan insisted that it was perfectly feasible for further charges to be brought against the 41 men who had initially been charged under Section 1 of the 1935 Act.
He emphasised that the carriage of the cases lay with the DPP and not with the Government but pointed out that there was nothing to prevent new charges being added instead.
The whole question of how the Government should respond to the changed situation caused by the Supreme Court decision will be considered by a new all-party Oireachtas committee which has been established to review child protection laws. It expected to hold a series of hearings and meetings in private and public and will report to the Oireachtas and Government in the autumn.