Have they lost all touch with the base reality of peoples' lives? The public is deeply and properly concerned by the Government's failure to anticipate and respond to the decision by the Supreme Court to strike down the basic section of the Criminal Law (Amendment) Act of 1935, which made it an automatic offence to have sex with a girl under 15 years of age.
Its apparent lack of concern for the welfare of young girls, coupled with its lackadaisical approach to bringing amending legislation before the Dáil, has outraged many voters. One confessed rapist has already walked free, others may follow. At least six other men may have the prospect of convictions for their despicable actions set aside.
Protestations that the Minister for Justice Michael McDowell and the Attorney General Rory Brady did not have "personal knowledge" of the progress through the courts of the successful constitutional challenge are simply self-serving and insulting to the electorate. Officials within their departments certainly knew all about it because they were advised of legal developments by the Director of Public Prosecutions James Hamilton, who defended the case. Reports appeared last year indicating the case would be lost. But no alarm bells appeared to ring within the Department of Justice. Certainly, no legislation was prepared in spite of the fact that, as long ago as 1990, the Law Reform Commission warned the law on statutory rape was vulnerable to challenge and should be amended.
This catalogue of administrative and political failures is deeply damaging to the Government. More than that, it undermines confidence in the rule of law and raises serious questions about the the manner in which the Government responds to issues of intense public concern. Coming on the back of two bad opinion polls, it will come as no surprise that there was open talk yesterday that the handling of the issue reflects elements of the famous Duggan case more than a decade ago.
Ministers regarded the matter as a legal, rather than a political issue. And they treated it casually. They had no intention of allowing the implications of the Supreme Court judgment interfere with their June holiday break. The Taoiseach and Mr McDowell assured the Dáil that prison doors would not swing open and the decision did not represent a "gaping void in the law". Then the public looked on aghast as that appalling vista became a reality.
The Dáil will now meet tomorrow to consider amending legislation. This follows an emergency Cabinet meeting in the absence of the Taoiseach and exploratory talks with the Opposition parties. And in their anxiety not to antagonise members of the public still further, Mr McDowell was ordered to forget any notion he had of introducing extensive, reforming legislation - and of reducing the age of consent to more accurately reflect the sexual behaviour of young people. Emergency legislation will be introduced. But, it will not be forgotten quickly that it had to be extracted from the Government on this occasion.