AN OIREACHTAS committee is expected to recommend introducing new laws to protect children from adult sex predators rather than holding a constitutional referendum on the issue.
The move is aimed at strengthening child protection laws following the striking down of the statutory rape law by the Supreme Court three years ago. The law, which made it impossible to put forward a defence of mistake as to the age of a child, was found to be unconstitutional.
A majority of members of the Joint Oireachtas Committee on the Constitution are understood to support legislation which would provide for a new offence of strict liability against adults who have sex with minors.
Fianna Fáil and Labour members, who make up a majority of the committee, favour setting the age of consent at 16 for boys and girls and introducing an offence of strict liability for “persons of authority” having sex with minors. They are wary of recommending a referendum to remove the defence of “honest mistake” over fears that it could unfairly criminalise young people engaging in sex. However, Fine Gael has argued that a referendum is vital to restore the statutory rape law struck down by the Supreme Court. The party maintains the age of consent should be kept at 17. Sinn Féin is also understood to have objections to dealing with the issue by way of legislation.
The committee is expected to publish an interim report on the issue after Easter, with a majority of members favouring a legislative approach on strict liability.
The committee will deal with the wider issue of ways to strengthen children’s rights in the Constitution in a separate report in six months’ time.
This weekend, Fine Gael’s spokesman on children Alan Shatter accused the Government of intending to “renege” on its commitment to hold a constitutional referendum not only on the issue of statutory rape, but also on children’s rights.
Mr Shatter insisted that only a referendum would allow for removal of the defence of “honest mistake” over the age of a child, and that legislation on its own would not go far enough to protect children. “It is now absolutely clear that there will be no consensus and that a majority of the committee, including the Minister for Children, oppose a referendum to enable new laws to be enacted to reinstate the offence of statutory rape,” Mr Shatter said.
“It is now certain that children will not receive the protection to which they are entitled for as long as the present Government and the current incompetent Minister for Children remain in office.”
He said Fine Gael was committed to reinstating the offence of statutory rape and holding a referendum on the matter.
“While the Government has been playing charades with children’s rights, it has been undermining and dismantling children’s services and betraying our children’s future,” he said.
Sources on the committee say a submission by the Director of Public Prosecutions helped sway a majority of the members in favour of recommending legislation on the issue of the statutory rape law.
