We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Leaders’ Questions.

Tánaiste’s “minor offence” remark

Summary

Kenny asks the Taoiseach to reject the Tánaiste’s description of soliciting a child for sex as a minor offence and apologize; the Taoiseach says it is not minor and the Government is closing the legal gap.

As the Taoiseach knows, when one talks to people throughout the length and breadth of the country, from Dublin to Kerry, and asks them about this matter, they are absolutely appalled that the Tánaiste and Minister for Justice, Equality and Law Reform, the deputy leader of the Government, would suggest that soliciting a child for sex was a minor offence. How in heaven's name could anybody see that as other than a Minister being completely out of touch when what is at stake is the destruction of innocence and the permanent desecration of childhood? He called it a minor offence.

Comment on this
Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Deputy's time is concluded.

Comment on this

He is the deputy leader of the Government. Does the Taoiseach consider it a minor offence? Is the Taoiseach prepared to say, on behalf of the Government, which, after all, is supposed to make collective decisions, that this was a wrong and inappropriate comment by the Tánaiste? Is he prepared to say, on behalf of the Government, that he is sorry for any offence caused to the Irish people by such a remark?

Comment on this

If he thought it was a minor offence, the Tánaiste would not be introducing the legislation. Although it is not a section that has been used, it is clearly not a minor matter and that is not the impression the Tánaiste gave in the discussions I had with him. The Government is not satisfied to leave any gap in our laws governing sexual offences and the protection of children because, although the Garda has not used this, it could hinder a successful investigation or the prosecution of persons for activity that leads to the sexual abuse of children. Therefore, it is right that we close it off immediately, on the first Dáil day since the matter was raised by Deputy Rabbitte last week.

As I said, 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. This is what the Tánaiste had stated. The legislation being brought before the House today will amend section 6 of the 1993 Act, which was the main Act, by applying the provision to the offences at sections 2 and 3 of the 2006 Act, which was the Act of last June. The opportunity is also being taken to make the section 6 offence an indictable offence, conviction of which would ensure that the offender was placed on the sex offenders register.

The new Bill will mean it will be possible to convict a perpetrator on indictment and the maximum prison sentence ensures it will be an arrestable offence, giving the Garda power to detain suspects for questioning, and will also ensure that certain provisions of the Criminal Law (Rape) Act 1981 will apply to the section 6 offence. These include exclusion of the public from proceedings, anonymity of complainants and the accused, and preliminary examination matters. It also adds the offence to the definition of sexual offences in the Criminal Evidence Act 1992, under which special provisions apply to children giving evidence in sexual cases, and the Sexual Offences (Jurisdiction) Act 1996, under which it will be possible to charge a person resident in the country with a comparable offence committed abroad — that comes under the Bail Act 1997, under which bail can be refused on certain grounds for serious offences. It adds the offence to the provisions of the Civil Legal Aid Act 1995, under which a complainant can receive legal advice.

The point was correctly raised by Deputy Rabbitte. The Government has acted on it. We have strengthened it and taken the opportunity to introduce the Bill. That was the correct thing to do and it was correct for the Tánaiste to move on it immediately.

Comment on this

Does the Taoiseach reject the Tánaiste's remark?

Comment on this