Yesterday's Supreme Court decision has serious consequences for the protection of young girls. Today, it is not illegal for a man to have consensual sex with a girl under 15 years of age. This is a grave situation and requires action by the House. As a result of the ruling that section 1(1) of the Criminal Law Amendment Act 1935 is unconstitutional, it is possible that people in jail for having sex with girls under 15 may be able to have their convictions struck down. There were 54 cases of statutory rape in recent years, raising the possibility of convicted sex offenders applying to have their names removed from the sex offenders register, which was put in place to protect young people.

The Government had fair warning of this. The Law Reform Commission recommended a change in this legislation as far back as 1990. We live in an Ireland that is very different from the Ireland of 1935, when this legislation was enacted. This is a far more dangerous country for young people in a society where drinking among the young has reached epidemic proportions and civility is absent in many areas. Protection of our young people must be a priority for legislators.

What urgent response will the Government make? What is the Taoiseach's view of the implications for those on the sex offenders register? Does the Government have a view on successful appeals to previous convictions arising from the judgment?

This is an urgent and important matter, and in the absence of clear law, we must deal with it as speedily as possible. The Attorney General and the Department of Justice, Equality and Law Reform have been working on that last night and this morning. We must examine all aspects of it, including previous discussions on this, the 1990 Law Reform Commission report and the 1997 report. The judgment of 23 May has struck down the law under which sexual intercourse with an underage girl is an offence of strict liability, in other words, one where there is no defence of mistake as to age. The Department of Justice, Equality and Law Reform is consulting the Attorney General's office on the implications of this and the scope and timing of amending legislation that would meet the terms of that judgment. We are examining the complexities and legal points of this but we must take into account all aspects. There is no return to law that has been struck down and we must bring in new legislation.

Deputy Kenny mentioned the 1990 report, to which I referred. The Department of Justice, Equality and Law Reform published a discussion paper about the law on sexual offences in 1998. It addressed matters such as the age of consent and the defence of mistake as to age. The majority view of those who gave views on that paper was that no change should take place. The discussion paper led directly to the drafting and enacting of the Sex Offenders Act. Other legislation dealing with sexual offences is at an advanced stage of preparation in the Department of Justice, Equality and Law Reform.

Deputy Kenny referred to those who are in prison for such offences. The Irish Prison Service has been checking records and warrants from the court with regard to those in jail as a result of convictions for unlawful carnal knowledge and we hope to have a clear picture of this by lunchtime.

This side of the House will be more than willing to facilitate whatever action the Government deems appropriate to respond to the Supreme Court ruling. We are dancing at the crossroads here and people will pay the price. This is an arcane law that belongs in the last century. I agree that there is no return to it. I am sure all parties will facilitate the introduction of new and urgent legislation. The question of young boys was overlooked in the 1935 legislation. The Taoiseach's response referred to examination of all aspects. I assume the provision regarding young boys will also be considered, as will the section dealing with 15 to 17 year old girls, which is equally open to challenge and might also be struck down. What is the Taoiseach's view? Will all aspects of the legislation be taken into account to deal with today's much more complex society? I consider this an absolute priority to protect young people, and I will support the Government in taking urgent action to deal with a serious lacuna in the law.

I appreciate the support of Deputy Kenny and the Fine Gael Party in this matter. Like many laws, this law has been in place for three quarters of a century. Looking over the sections last night and this morning, I saw that it was framed for a very different society and age when people did not consider issues that we would all consider the norm today. While the point is very clear, the one raised by the Deputy and many others must be considered.

We must look back at what was said in 1990 and 1998. It is interesting that, when people examined the issue eight years ago, not 75 years ago, they saw no requirement for change. I am not sure why that was so or whether it was felt that it opened up a broad range of other complex issues. I think that may have been the case. In retrospect, looking at the judgment, one sees that it left something open, but we must ask ourselves what are the other ramifications. We must consider that urgently, and the Deputy mentioned some of those points.

The stark conclusion is that there can be no return to a law that has been struck down. In that case, there is no law, and we must move quickly to address that. Yesterday's judgment has highlighted that, regarding underage girls, where there is strict liability, there is no defence of mistake. I understand from the briefing I received this morning that any case would have to be taken individually. There can be no blanket cover for other cases, such as those of people in jail or on the sex offenders' register. It is not the case that people can walk free, but the judgment will obviously be examined so it is important that we move quickly in this case.