The Supreme Court has closed the door to the release of a number of men found guilty of the statutory rape of girls under 15 years of age, and made an order which led to the arrest last evening of "Mr A", who was earlier freed by the High Court. The decision will help to placate angry and concerned parents and reassure the victims of such crimes. It also brought considerable relief to a Government that has been subjected to a torrent of public criticism for its failure to anticipate the original judgment and to prepare amending legislation.
Now that the immediate crisis is over, however, there should be no question of returning to "business as usual". During the past week, public attention has focused on the inadequacies of existing law and of court procedures involving sexual offences against young persons. A Bill restoring the crime of statutory rape and providing for a defence of "honest mistake" has been rushed through the Oireachtas. But serious flaws have been identified in the emergency legislation by the Opposition parties and this complex area must be revisited by the Dáil in a less fraught atmosphere to ensure these flaws are addressed and that the legislation takes account of modern sexual mores and can withstand further legal challenge.
Yesterday's Supreme Court ruling in favour of the State raises questions as to whether judges were fully aware of the possible implications of their original decision, striking down part of the Criminal Law (Amendment) Act of 1935. Details of the new judgment, which found the rights of "Mr A" had not been denied though part of the Act was unconstitutional, will become available shortly.
Minister for Justice Michael McDowell engaged in a robust defence in the Dáil yesterday. And he sought to distract attention from Government failures by noting the new legislation will require the victims of predatory males to give evidence in court, if cases are contested. That may be so. But he has not explained why, three years after receiving a report that recommended the introduction of video evidence in order to minimise the distress of young victims, action has not been taken by his department.
Important lessons must be learned. Reported failures of communication within the Department of Justice and the Office of the Attorney General are simply not acceptable. A full inquiry should be conducted and the findings made public. A great deal of blame-transference has already taken place and, if tradition holds true, nobody may be held to account in the end. That is not the way a modern democracy should operate.
Confidence in the Government and the courts has been shaken by recent events. There is no gainsaying that reality. A dangerous perception emerged that two pillars of the State were out of touch with the - sometimes grim - realities of family life. Parents, in particular, took to the streets to demonstrate their anger. It is a contentious and difficult legislative area, but it must be addressed.