The result of an inquiry into the "communications failure" in the Attorney General's office which resulted in the Government being taken by surprise by the striking down of the law on sex crimes against minors is expected within weeks. Mark Brennock, Chief Political Correspondent, reports.
The Taoiseach yesterday pre-empted the inquiry, telling the Dáil that "human error" caused the problem and detailing measures to ensure this could not happen in the future. These include requirements on the Attorney general to brief the Government regularly on ongoing constitutional challenges, and to liaise more regularly with the office of the DPP.
Announcing a series of moves to take control of the crisis that rocked the Government over the past fortnight, Mr Ahern also confirmed plans to set up an all-party committee to examine child protection laws, which is expected to report by the autumn.
The Government will shortly appoint a legal figure as special rapporteur on child protection, whose job will be to report annually on how new laws and court proceedings may impact on child protection.
While the Opposition yesterday demanded an independent inquiry into the "communications failure" in the AG's office, Mr Ahern announced the appointment of a senior civil servant, Eddie Sullivan, to conduct an inquiry.
Mr Sullivan is secretary general for public service management and development in the Department of Finance.
He is expected to produce a "swift" report, possibly in a fortnight's time.
The Cabinet will discuss the Government's response to the issue this afternoon at its weekly meeting. Government sources continued to insist yesterday that it was satisfied that the new law on sex offences against minors passed last week would survive any constitutional challenge, despite warnings from some legal experts.
In yesterday's Irish Times, leading constitutional law expert Dr Gerry Whyte said the different treatment of boys and girls in the new Act might not survive a constitutional challenge.
However Government sources said the constitution did not prohibit discrimination per se, and suggested that discrimination which had a "compelling rational basis" was acceptable.
Announcing a series of new measures designed to show the Government was moving to address the issues raised during the past politically chaotic fortnight, Mr Ahern defended the Government's recent actions. "First, we enacted new legislation to ensure that there would be no gap. Second, we successfully resisted the release of convicted prisoners from jail," he said.
He conceded there had been a "communications failure" that led to the Attorney General not knowing in advance of the Supreme Court CC case, but he said this had no impact on the outcome of that case.
New procedures set up in the AG's office after the controversy over the Fr Brendan Smyth case "were not followed" after the AG was first told of the CC case in November 2002. While the AG believed this was due to "human error", the inquiry by Mr Sullivan could determine whether this was the case or whether there was a "systems failure".
Senior Fine Gael and Labour sources said last night that they were not yet committing themselves to participating in the proposed all-party committee to discuss legislation in this area. They wanted to be assured that its remit and timescale would allow it to be effective.
Minister of State for Children Brian Lenihan yesterday had a private meeting with the family of the girl who was raped by "Mr A" when she was 12.