Emergency child sexual offences legislation
Kenny says the Government’s emergency Bill addresses a legislative gap identified by the opposition after the Supreme Court’s CC judgment; the Bill is due for debate later that day.
Later today the House will debate emergency legislation to prevent predators using the Internet to meet children for sexual relations and to reinstate the offence of soliciting a child for sex. It is clear that the Government's frantic rush to bring in this legislation has only come about because of initiatives taken on this side of the House. Last week the leader of the Labour Party, Deputy Rabbitte, exposed a deficit in the legislation consequent on the legislation introduced last year arising from the Supreme Court decision in the CC case. The proposals in the Bill to be debated by the House this evening are to do with grooming and are lifted word for word from the Bill introduced here three years ago by Deputy Jim O'Keeffe on behalf of the Fine Gael Party.
Given that the Government has been aware of these difficulties for some time, if the Labour Party last week had not raised the issue of the deficit in the legislation and if Deputy O'Keeffe did not move his Bill this week, how much longer would it have tolerated Irish children being unprotected from evil people who use the Internet to groom them for sexual exploitation? If the issue of the deficit in the legislation had not been raised last weekend, how much longer would Irish children have remained unprotected from the crime of solicitation for sex?
Comment on this
Both issues will be addressed later this evening in the House. In response to the Supreme Court decision in the CC case in May of last year, the Government passed emergency legislation in early June, the Criminal Law (Sexual Offences) Act 2006. On 1 March, Deputy Rabbitte properly identified the deficiency in that legislation in that the new Act did not apply the offence of soliciting or importuning a child for the purpose of the commission of a sexual offence provided for in section 6 of the Criminal Law (Sexual Offences) Act 1993 to the new offence created in the 2006 Act. We have moved to rectify that omission. The House will debate the legislation later.
Section 6 of the 1993 Act is a little-used provision. The Garda Commissioner's annual reports for the past five years do not disclose any convictions for the offence at section 6. However, the Government is not satisfied to leave a gap in our laws governing sexual offences and the protection of children when it has been pointed out, as Deputy Rabbitte has done, lest the absence might in any way hinder or prevent the gardaí, if they wanted to use the legislation, investigating or successfully prosecuting persons for activity that leads to the sexual abuse of children.
A section 6 offence is a summary offence to which the power of detention for questioning does not apply and while, from a purely legal perspective, it is not a matter of urgency to legislate on the issue, it is important to allay public fears by enacting the proposed Bill immediately. That is what we will do.
In the context of its Private Members' Bill, Fine Gael raised the issue of the sexual grooming of children. As I said yesterday, we have examined that issue. It seemed to us, and our legal advice is, that the Fine Gael amendment is fine, so we have included it in the Bill we will pass later today. The Fine Gael Bill is based on section 15 of the UK Sexual Offences Act 2003, under which it is an offence to meet a child following sexual grooming. We are preparing a more comprehensive Bill which will cover a number of these issues — the criminal law (trafficking of persons and sexual offences) Bill, about which Deputy Kenny asked a number of times. The problem is that the Bill is not likely to be ready until Easter so, as it is best to enact this measure, we have taken the Fine Gael proposal and included it in the Bill which will be passed later today.
Comment on this
I welcome the publication of the Bill, about which there has been no contact with the Fine Gael Party.
Last year, the Taoiseach went to the United Nations on official business while the Tánaiste conducted business here. Following the release of the child rapist before rearrest, the people of the country were convulsed with horror at what was happening, and they took to the streets in huge numbers because of their concern. The people expect Government, with all its resources and legal potential, to be able to deal with these matters, but this is not what happened with this Government. But for the fact that Deputy Rabbitte and his party exposed this gaping hole last week, the matter would continue to drift.
The Private Members' Bill put forward by Deputy O'Keeffe on behalf of the Fine Gael Party deals conclusively with predatory Internet grooming. I accept the Government has come forward with the two sections of the Bill, which is to be welcomed.