Extending the Criminal Law (Rape) Act
Harney and O’Rourke pressed Dukes on whether the 1981 Act should be amended, including whether its definition should cover rape within marriage, and challenged his earlier comments about campaigners’ proposals. Dukes declined to announce legislative plans before further reflection and discussions, said he had an open mind, and insisted any amendment must achieve its intended effect.
asked the Minister for Justice if he agrees that there is a need to extend the scope of the Criminal Law (Rape) Act, 1981; and if so, when he proposes to introduce the necessary changes.
Comment on this
For reasons which have been explained in this House on a number of occasions already, I could not undertake to indicate, by way of reply to parliamentary questions, what specific legislative proposals I might have in as particular area. Any proposals I may have in relation to the subject matter of this question will be announced in the ordinary way in due course.
Comment on this
I find the Minister's answer very unsatisfactory. I am sure that the other female Members of this House do also. Does the Minister agree that there is a need for change in the legislation?
Comment on this
I am sorry Deputy Harney should suggest that it is only the female Members of the House who might have an interest in this matter. I am sorry also that she has so forgotten the precedent in the House that she is unaware that it is not the custom, in response to parliamentary questions, to outline new legislative proposals.
Comment on this
Would the Minister agree with me that there is a need to extend the definition of rape to make provision for the possibility of rape within marriage?
Comment on this
That is a matter which I have discussed in detail with representatives of the Rape Crisis Centre and which I hope to discuss in detail with a committee of this House. I am not going to enter into the process of setting out my conclusions on the matter before I have had those discussions.
Comment on this
When will the Minister be in a position to indicate to this House, or to the country, his views in relation to this matter?
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Following the Minister's meeting with representatives of the Rape Crisis Centre is his opinion still as announced on radio and television during the Fine Gael Árd Fheis with regard to what he saw as being necessary or unnecessary changes in the Rape Act?
Comment on this
I can assure Deputy O'Rourke that I am still of the opinion that I announced on the matter at the Fine Gael Árd Fheis. If I can remember the exact words — I made the point during my discussion, to in fact, a very lively audience; the Deputy should have been there——
Comment on this
——she might have been illuminated somewhat. I said that I had an open mind on the matter. As I do not know how my various friends in the media might have translated that and put it into articles but it seems to be perfectly clear. I have an open mind on the matter. I do not think that needs any further elaboration.
Comment on this
——but I was watching on television and that is not quite what the Minister said. He said he had an open mind but that he wondered if the members of the pressure group within the Rape Crisis Centre were not going down the wrong road in seeking the changes in the law relating to rape which they now sought. Is the Minister still of that mind? Following on his meeting, does he agree that there is need of changes, particularly subsequent on the very vicious and severe crimes of rape which have been committed in the last number of weeks and months? The 1981 Act was introduced by our Government and was a great advance on earlier legislation.
Comment on this
Does he now agree that the time is here? My Government introduced legislation in this area when the Deputy's Government did not.
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Would the Minister agree that there is need for change in the rape Act? I make no apology for standing here as a woman Member.
Comment on this
The Deputy will have to confine herself to matters relevant to the other Deputy's question.
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I must say that I am more than a little flattered that Deputy O'Rourke should have given up some of her Sunday morning——
Comment on this
I am flattered that she should have given up her time to watch me on television and absorb the full import of what I said.
Comment on this
I have a feeling, however, that she has forgotten that we were dealing with quite a range of issues in that particular discussion.