Minister for Justice Michael McDowell has pledged to reform the law on soliciting of children within a fortnight, if it is proven that the offence has been repealed.
His remarks followed a claim by Labour leader Pat Rabbitte that the offence of procuring or soliciting a child for sex no longer exists.
Mr Rabbitte said the loophole in the law occurred because of the rush last summer to introduce emergency legislation on statutory rape. Mr McDowell said he had not examined the issue and it was the first time it had been raised with him. He added however that gardaí believed they had an adequate legal basis for conducting inquiries, but he pledged that if there was a need to change the law, this would be done within a couple of weeks with the publication of major criminal justice legislation.
Mr Rabbitte raised the issue in the Dáil yesterday when he said that, according to his legal advice, as a result of the Criminal Law (Sexual Offences) Act 2006, "it is no longer an offence to solicit or importune a minor for sexual purposes".
He asked the Minister whether "any legislation is contemplated to shut off the loopholes left as a result of last summer's rushed legislation". Such an offence had been contained in the Children's Act of 2001 but referred to particular offences, which were repealed when the Criminal Law (Sexual Offences) Act 2006 introduced different offences.
Mr McDowell said the Government had approved the heads or main points of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill.
He added that the Child Trafficking and Pornography Act dealt with information being used on the internet to imply "a child is available to be used for the purposes of sexual exploitation". Legislation from 1998 also dealt with the sharing of information about children.
He said however that "regarding the question of whether one particular offence has been repealed by the legislation which this House passed last year, I am not in a position to answer the deputy at this point".
Mr Rabbitte insisted he had "double-checked that it is the case there is no offence under our criminal law at the moment for soliciting or importuning a minor for sexual purposes. What the Tánaiste has referred to is the draft scheme of a Bill."
Mr McDowell said: "This is the first time the issue has been raised with me. I know gardaí believe they have an adequate legal basis for conducting inquiries into matters which are currently the subject of public concern.
"If there were any requirement for a change in the laws, as the House is aware in the next couple of weeks we will be publishing a major criminal justice statute and I will deal with the matter in that context."
Later Green Party leader Trevor Sargent renewed concerns about the delay in introducing legislation for the creation of a register of people considered unsafe to work with children.
He said it was already in existence in Britain and Northern Ireland.
Mr McDowell said it could not be introduced without constitutional clearance on the issue of the exchange of what is known as "soft information". He added that in the North "they do not have a written constitution which causes problems of this kind".
