Does the Taoiseach anticipate that others of the seven imprisoned under those parts of the 1935 Act that have been deemed unconstitutional will now also appeal either their convictions or sentences, as with the case decided on this afternoon? Will the Taoiseach advise us if the Government this morning gave consideration to the implications of the High Court decision announced this afternoon relating to the release of this prisoner? Did it consider the consequences, and not only in the terms which have already been spoken of by other voices?

Rather than being repetitious I wish to explore some other elements. Is the Taoiseach aware there is a potential that this person, now released, may sue the State? Are we to face the outrage of one or more individuals taking a case against the State, such as the self-confessed beast who preyed on a 12-year old child and whose case was successful in the High Court this afternoon? Can the Taoiseach advise the House what consequences we may yet face of this issue? Did the Cabinet consider these matters this morning and has it received advice from the Minister or the Attorney General?

What are the implications for the sex offenders' register of this afternoon's decision in the wake of the Supreme Court judgment? Will it remain as it is or will one or more individuals, including the man described as "Mr. A", be able to challenge the inclusion of their names on the register?

The Deputy's time is concluded.

The leaders of Fine Gael and the Labour Party voiced their concerns on the issue this afternoon. Can the Taoiseach explain why successive Governments, including a previous coalition of Fine Gael and Labour, failed to act on the recommendation of the Law Reform Commission in 1990 that a defence be allowed of making a genuine mistake about a person's age? Does the Taoiseach accept that if the Law Reform Commission's recommendations had been acted on in 1990, or at any point since, the 1935 law could not have been challenged as it has and we would have its protection today, averting the crisis we now face and the serious concern that exists?

I welcome the Taoiseach's confirmation that the new legislation will seek to protect young boys and girls from sexual predators. Can he confirm that the new law will provide——

The Deputy's time is concluded.

——that it will be illegal to have sex with either a boy or a girl who is below a specified age? Will he assure the House that the age of consent will not be ditched but will be included in new legislation brought before this House? The Sinn Féin Deputies will do everything in their power to facilitate the earliest possible passage of the proposed legislation in the hope it will address all the issues as speedily as possible.

A number of points have been raised. Our highest priority is to deal as quickly as we can with this serious issue for the protection of our children. The Deputy asked me about other cases but I cannot pre-empt the decisions of the courts. The Government intends to appeal the Supreme Court's decision. Other cases may arise but we cannot instruct the DPP. We can prepare legislation to deal with issues as they arise but cannot consult or influence the courts, whether on last week's case or any other. I thought everyone understood why there is separation of powers but sometimes I wonder.

There cannot be a miscarriage of justice where a person pleaded guilty to very serious offences. The register will need to be looked at on a case by case basis. I agree with the Deputy on the age of consent.

I recently launched a wide-ranging report of the Law Reform Commission on the subject of conveyancing. The chairperson, Mrs. Justice Catherine McGuinness, said its work involved taking a broad view of various aspects of legislation and putting forward views for consideration. The 1990 report on child sex abuse made a small number of recommendations on criminal law governing sexual offences against children. It also recommended decriminalising homosexuality and many of the enactments in the 1993 Act originated from its recommendations. Other work was done in the Department on the laws of incest and the criminal liability of under age girls and it was decided they should not be changed. In 1997 Deputy O'Donoghue became Minister for Justice, Equality and Law Reform and presented a discussion paper on a number of topical issues concerning the criminal law protection of children against sexual abuse. It discussed the age of consent and the changes the Law Reform Commission had recommended on the defence of making a mistake regarding age. Responses were made to the discussion paper from interested bodies so it is not true that nobody has looked at it since 1930, or 1990. The issues were well aired and debated but decisions were made not to change the law. It does not mean that no changes took place. The Sex Offenders Act 2001 was enacted, followed by legislation to combat trafficking for sexual offences. The Supreme Court has made its judgment and now we must deal with it. It is not true that the report was left on a shelf and not read by anybody.

If the Supreme Court makes a decision that strikes down an Act which we all believed was safe it is a serious issue but that is the way the system works. Now we must properly deal with that Act. Deputy Ó Caoláin did not say this but it is impossible to have another Act ready when one is struck down. The Supreme Court makes a judgment on the basis of fact and following its examination of a case. It studied this case for a year and the recent judgment was the second part of a two-case judgment. We must carefully examine how it arrived at its decision and what it recommends, and we must act accordingly.

The Government considered the matter this morning and the Minister for Justice, Equality and Law Reform has done so practically non-stop since the judgment was made a week ago. The Attorney General has also considered it and has sought counsel. We will deal with it as quickly as possible.

The Cabinet cannot agree on how to deal with it.

It does not remove all the legislation enacted to deal with anyone who commits serious sexual assaults or aggravated sexual attacks.

I thank the Taoiseach for his reply. The Sinn Féin Deputies will be happy to facilitate the sitting of the Dáil in the coming week, not to embarrass the Government but because we must.

Is the Taoiseach considering legislation to deal with behaviour other than sex with an underage boy or girl? Should we not include all inappropriate sexual acts and approaches? Will the legislation include the widest possible protection for young people, not only in terms of the understood idea of the sexual act but also in reflecting other activity and approaches? I ask the Taoiseach to confirm he shares the view that the widest possible protection is required and to indicate on behalf of the Minister whether it is his intent to legislate for it.

Does the Taoiseach agree that, in addition to legislation, a raft of other measures which will help to protect vulnerable young people is required? I have in mind educational measures and the need to inculcate greater social responsibility to create a greater awareness of the dangers of alcohol abuse and casual sex. A much more proactive——

As the Deputy's time has concluded, I ask him to give way.