Committee to examine issues raised by rape law decision

THE Oireachtas committee established to investigate issues raised by the striking down of the statutory rape law will hold its inaugural meeting today.

The Committee on Child Protection, comprising TDs and senators from across the political spectrum, will review the criminal law relating to sexual offences against children, examine the issues surrounding the age of consent, and consider the best way for children’s evidence to be heard in abuse cases.

Meanwhile, Children’s Ombudsman Emily Logan said last night that a culture must be created where it was safe for a child to disclose abuse and where adults they report to are empowered to respond.

Complaints to her office from abuse victims, she said, highlighted their difficulties accessing services; delays in intervention and a lack of adequate support after the abuse has been reported.

The need for the new committee, meanwhile, arose following the Supreme Court’s decision in May to declare statutory rape law unconstitutional because it didn’t allow for a defence of honest mistake about a victim’s age.

The committee will consider the implications of that judgment, and examine whether the Constitution should be changed “to provide for a general right of protection for children”.

Such an amendment would effectively rule out the defence of honest mistake and return the law to its position prior to the Supreme Court judgment.

But any such amendment would need to be approved by the electorate.

Therefore, if the committee recommends that the Constitution should be changed, a referendum would likely take place next year.

The committee has been mandated to report back to the Dáil and Seanad before the end of November.

Today’s meeting will consist of the election of a chairperson, followed by opening statements. The Government has nominated Fianna Fáil TD Peter Power to chair the committee.

Twelve other Oireachtas members will sit on the committee — TDs James Breen, John Curran , Olwyn Enright, Brendan Howlin, MJ Nolan and Jim O’Keeffe; Senators Geraldine Feeney, Derek McDowell, Sheila Terry and Jim Walsh; and Justice Minister Michael McDowell and Children’s Minister Brian Lenihan.