The statutory rape controversy has taken its toll on Justice Minister Michael McDowell, writes Stephen Collins, Political Correspondent
The Minister for Justice, Michael McDowell, has attempted to defuse the political crisis over the issue of statutory rape by introducing a more conservative piece of emergency legislation than he originally intended. This followed pressure from Fianna Fáil and an onslaught from the Opposition parties and the media.
Ironically some of the Minister's strongest critics during the controversy were last night unhappy that he had not stuck to his earlier more liberal position.
However, there was relief in the Government parties that a clear position had now been arrived at following days of confusion and bickering. The main Opposition party, Fine Gael, is in broad agreement with the approach, although unhappy at the implications of the adoption of 17 as the age of consent for boys and girls with no leeway on the issue.
Following the publication of the Criminal Law (Sexual Offences) Bill, 2006 last night the Minister conceded that his views had changed over the past week but he put that down to his deep consideration of the issues involved over the past few days and rejected the notion that it was in response to the intense pressure he has been under from all sides.
In response to the furore the Minister has come forward with the legislation much more quickly than he originally intended. After intense internal debate at Government level, as well as a pounding in the Dáil and the media, Mr McDowell, also came up with a more conservative set of proposals than had been expected earlier.
Following the Supreme Court judgment last Tuesday week, the Minister said that it would be some weeks before he was able to produce legislation to deal with the situation. He also indicated that he was considering an approach that would involve reducing the age of consent from 17 to 16 and, more controversially, introducing a two-year banding system that would have effectively reduced the age to 14.
These proposals were leaked to the newspapers last weekend but Mr McDowell encountered intense opposition from fellow Ministers when the Cabinet met on Tuesday. It was not only Fianna Fáil Ministers but the Tánaiste, Mary Harney, as well who joined in the opposition to any move to lower the age of consent.
A Cabinet subcommittee was set up which included the Minister for Finance, Brian Cowen, and the Minister of State for Children, Brian Lenihan.
They were directly involved in the negotiations with the Opposition parties all day yesterday in an effort to hammer out an acceptable compromise.
The final outcome, which retains the age of consent at 17 for boys and girls, is close to the position put forward last week by Fine Gael justice spokesman Jim O'Keeffe, which was initially rejected by the Minister.
Ironically the Labour Party, which had been highly critical of Mr McDowell's handling of the crisis since the Supreme Court decision, was distinctly cool about certain aspects of the legislation.
The party's justice spokesman, Brendan Howlin, voiced some of the views expressed earlier by Mr McDowell's about the practicality of having 17 as the age of consent and the implications of that for criminalising sexual activity between 16-year-olds.
Another issue of concern to Labour was that the Minister also reversed his position on equality of treatment for boys and girls. While it will still be illegal for boys to have sexual intercourse with girls under the age of 17 it will not be illegal for girls. The Minister said last night that he had been persuaded by representations from the Director of Public Prosecutions that it would not be in the common good to criminalise teenage mothers. He accepted that the approach diverged from notions of gender equality but argued that it was unavoidable.
"My own view has changed as I have addressed the issue," he said.
The Minister was clearly taken aback by the vehemence of the reaction since the Supreme Court decision.
"I now understand why none of my predecessors went galloping in on this one," he said.
He also made the point that the Supreme Court decision to allow the defence of "an honest mistake" will expose girls to a vigorous and traumatic line of cross examination in court.
The Bill will be debated in the Dáil and Seanad today, and while the Government would have preferred to have the Labour Party on side, there was broad agreement among backbenchers last night that the worst should be over once the Bill is passed into law tonight.
The Government's decision to change tack and rush emergency legislation through the Dáil and Seanad today showed just how much the Coalition parties were hurting in terms of public opinion. The decision to cancel next week's planned mini-recess, even though the emergency legislation will be law at that stage, was an even stronger indication of just how much the Coalition has been stunned by the hostile public mood.
Mr McDowell, though, will take some time to recover from the battering although a robust defence of his actions can be expected in the Dáil today. Fianna Fáil TDs were still openly blaming him for the whole crisis, with one of them telling colleagues:
"We have to get rid of this Minister. He is going to bring us all down."
However, despite the frenzy it is difficult for Mr McDowell's opponents to point to anything that he could have done differently before the Supreme Court decision which would have made the position any better.
However, his reaction in the wake of the judgment can be faulted on a political level as he did not realise until too late just how negative the public reaction was going to be when sex offenders started to walk free.