Ombudsman to raise children’s rights concerns
In their scheduled meeting about the forthcoming referendum to give Constitutional protection to the rights of the child, the debate on age of consent and emergency laws on statutory rape is likely to be discussed.
Some concerns have been expressed in relation to proposals from the Oireachtas Committee on Child Protection which this week recommended the age of consent be changed from 17 to 16 for boys and girls.
Another of its recommendations was the use of video-link evidence for child witnesses in court cases, but Ms Logan had suggested to a committee hearing in October that pre-recorded evidence should be provided.
In advice to the Government when it was preparing the Criminal Law (Sexual Offences Act) last June, Ms Logan expressed concern that children might be subject to damaging adversarial procedures, such as questions about their appearance, sexual history or behaviour.
Justice Minister Michael McDowell has acknowledged that such practices are likely because the legislation gives a defendant the right to claim that he or she did not know the alleged victim was under the age of consent.
The law was rushed through the Oireachtas to close the legislative loophole caused when the Supreme Court found existing laws on statutory rape to be unconstitutional.
It is now an offence to engage in a sexual act with anyone under 17 - with life imprisonment the maximum sentence in cases where the victim is under 15.
However, Ms Logan recommended that the DPP should explain his decision to prosecute somebody under 17, to ensure the best interests of children are at the heart of decisions taken in this respect.
The ombudsman also said the section relating to female children discriminated against boys and was not necessary if her recommendation, that nobody under 17 be prosecuted, was implemented.
“I consider that a provision that no prosecutions be brought against those under 17 years, save with the consent of the DPP acting in the best interests of the child, would guard against the prosecution of teenage mothers solely on the basis of their pregnancy.
The prevention of stigmatisation is a matter that should be dealt with outside of the criminal law,” Ms Logan advised the Government in June.
Although Ms Logan is still preparing advice to Government on the constitutional referendum announced by Taoiseach Bertie Ahern a month ago, she is likely to outline to Mr Lenihan on Monday the principles she wants to see in the wording of any amendment to the Constitution, with the focus on protection of children.
However, the final advice from the Children’s Ombudsman is not likely to be presented to Government until later this month, with a possible wording to be finalised by the Cabinet early next year.
Some of the 62 recommendations in the report:
* ‘Grooming’ a minor for sexual abuse to be made an offence.
* Laws on child trafficking.
* Regional Garda units to investigate abuse complaints.
* Study on how information about sex offenders can be made public.
