Forty-two people face charges under the statutory rape legislation which was declared unconstitutional by the Supreme Court, Taoiseach Bertie Ahern has revealed.
He said, however, that the Director of Public Prosecutions (DPP) could bring other charges such as sexual assault or aggravated sexual assault and in appropriate circumstances, a rape charge, against the accused.
The Taoiseach also outlined the terms for the proposed all-party committee, to be established to review all criminal law relating to sexual offences against children and which will report by the autumn.
Mr Ahern disclosed the figures in the Dáil yesterday when questioned by Labour leader Pat Rabbitte, who described the implications as alarming. Fine Gael leader Enda Kenny said 54 cases were involved, 42 under section 1 and 12 under section 2 of the 1935 legislation. He said the "sense of outrage palpable throughout the country in the past month will surface again because this is truly extraordinary."
Mr Ahern said an investigation into who did what in the Attorney General's office was irrelevant, and the committee should instead deal with the horrific prospect of 11 and 12-year-olds being cross-examined in court about their appearance.
Mr Rabbitte complained about the Taoiseach's "casual announcement" when the Opposition had sought the information repeatedly. He and Mr Kenny had had to write to the DPP last week to find out how many cases were struck out because of the Supreme Court decision.
"Previously no one had the slightest indication that the number was anything of that order. One man has walked free as charges were withdrawn for the rape of an underage girl. The Taoiseach tells the House as it is about to rise that there are 42 persons charged. Have those charges been withdrawn?" Mr Rabbitte asked.
The Taoiseach said "there is no immediate difficulty because the cases in question are the subject of other charges". He said the all-party committee should reflect on the issue and deal with it by the end of September.
Other charges could be preferred under the 1990 Criminal Law Rape Amendment Act and this would deal with "all cases under section 1 and some under section 2" of the legislation. "There might be some cases under section 2, but we do not know the position on that section. There is an issue of honest belief," Mr Ahern said.
The Labour leader said it was "surely beyond the bounds of probability that in each of the 42 cases other charges will be preferred".
The Taoiseach, who said he received the information on Tuesday, pointed out that there were 16 people in custody who were convicted of an offence under section 1 of the controversial Act.
"This cohort of persons are those who are likely to be directly affected by the decision of the Supreme court in the Mr A case," he said. Mr A, convicted of statutory rape was released by the High Court after the Supreme Court decision but re-imprisoned on appeal.
"There are 42 persons on charges before the courts under section 1 of the 1935 Act. In the CC case, it does not prevent the DPP from preferring charges of sexual assault or aggravated sexual assault and in appropriate circumstances, a rape charge."
A Government spokesperson said later that after further clarification from the DPP's office, the figure was 41.
