The Government was struggling desperately last night to take control of the political crisis over the law about sexual offences against young girls, with Minister for Justice Michael McDowell saying he plans to have a new law in place by the weekend, write Mark Brennock, Mark Hennessy and Denis Staunton
The Dáil and Seanad are now likely to meet tomorrow to rush through a Bill which will be drafted today. As late as yesterday morning the Government planned to recall the Dáil next Wednesday for this purpose, but public anger and backbench alarm have forced an even quicker response.
Mr McDowell last night announced the abandonment of his plan to set a new age of consent for boys and girls at 16 as part of legislation to plug the gap exposed by the Supreme Court last week. The court ruled that the law on sexual offences against young girls was unconstitutional because it did not allow an accused person put forward a defence that he had made an honest mistake as to the girl's age.
As a result of the Supreme Court decision, a 41-year-old man identified only as Mr A, who was serving three years for the unlawful carnal knowledge of a 12-year-old girl in 2003, successfully applied to the High Court to be released from prison. The Supreme Court yesterday agreed to an early hearing tomorrow of an appeal by the State against the release of Mr A, who was freed on Tuesday.
An application to the High Court today for the release of another man convicted of sex offences against a young girl will add further to public outrage and the sense of political emergency. The State is expected to argue today that this case should be adjourned, pending the outcome of tomorrow's Supreme Court appeal.
Yesterday's abandonment of Mr McDowell's preferred position on the age of consent came after Fine Gael leader Enda Kenny announced he would not support such a plan.
Mr McDowell indicated in the Seanad last night that the new legislation would effectively reintroduce the offence of statutory rape for those having sex with a child under 15.
Having sex with a girl aged between 15 and 17 would also be punishable by law but would be a lesser offence. It will also allow an accused to attempt to make an "honest mistake" defence.
It was not clear last night whether the age of consent for boys would also remain unchanged at 15. A spokeswoman for the Minister said he would continue to have discussions with Opposition parties on the matter this morning.
With the Taoiseach on his way to New York for a UN conference on Aids yesterday, a Cabinet sub-committee meeting at lunchtime yesterday was attended by most Ministers.
It decided to try to get all-party agreement on a Bill that could be passed rapidly through the Oireachtas, rather than settle on and propose its own changes.
Some 59 Fianna Fáil TDs and Senators met last night, with many being sharply critical of the Government's slow response to the crisis. Most of those who attended expressed satisfaction that the Government now planned to move on the issue before the weekend.
The Government continued to insist last night that neither Mr McDowell nor the Attorney General, Rory Brady, had known personally of last week's case in advance. But while Mr McDowell told reporters on Tuesday that the DPP had "carriage" of the case on behalf of the State, Tánaiste Mary Harney told the Dáil yesterday that in fact the Attorney General had joint carriage of the case, confirming that his office knew of and was involved in it.
A Government spokesman confirmed last night that officials in the Attorney General's office had been actively involved in the defence of the case. The spokesman said the AG acknowledged that there had been a communications issue and as a result he had not been personally informed of the case. He said he was taking steps to rectify this communications issue.
On his arrival in New York last night, the Taoiseach declined to comment on the details of the situation. Asked if he was happy with the way the Minister for Justice had handled the issue he said: "We are satisfied with the way the Government has handled it."