‘Like watching car crash in slow motion’
A Government courier was on standby to deliver a vellum copy of the legislation to the Phoenix Park residence of President Mary McAleese, who is expected to immediately sign The Criminal Law (Sexual Offences) Bill 2006 and into law.
The president is normally allowed a period of up to seven days to endorse bills but the Oireachtas passed a special early-signing motion to fast-track the process.
The bill restores the offence of statutory rape to the statute books and sets 17 as the age of consent for boys and girls.
Engaging in a sexual act with a child between 15 and 17 will now be punishable by up to five years in jail, or ten years where the accused was a person in authority.
The Supreme Court ruled on May 23 that Section 1.1 of the Criminal Law Amendment Act of 1935 did not allow for a man accused of statutory rape to claim that he made an honest mistake about the victim’s age.
This specific defence is clearly enshrined in the new Bill.
Contibuting to the highly charged Dáil exchanges the Labour Party’s justice spokesman, Brendan Howlin, said: “Rushed law is normally flawed law, if not outright bad law.”
Justice Minister Michael McDowell voiced his own concerns about the bill, saying it “will make it significantly more unpleasant for those children”.
Mr McDowell said an all-party Oireachtas Committee would monitor the future implementation of the bill and suggest amendments if necessary.
Despite the passing of the bill, the torrent of criticism levelled at the minister continued.
Opposition leader Enda Kenny said during a strong speech that the Coalition was oblivious to the scale of the crisis and he claimed it was the most dangerous time he ever witnessed in his 20-year Dáil career.
Labour Party leader Pat Rabbitte claimed the Government’s response to the political and criminal crisis was like watching a car crash in slow motion.