Calls for child protection referendum intensify
The man, known only as “Mr C”, whose successful Supreme Court challenge led to the unlawful carnal knowledge legislation being declared unconstitutional, yesterday had any remaining sexual assault charges against him dropped at Dublin Circuit Criminal Court.
Yesterday, the Rape Crisis Network said there was no clear Government commitment or strategy on the protection of children as proven by the case. The network also expressed its concern that there was still no specific date set for the referendum.
In court yesterday, Isobel Kennedy SC, prosecuting, told Judge Patricia Ryan the State wished to enter a nolle prosequi in relation to the charges against the man.
Brendan Nix SC, defending, said that as no further charges were outstanding against his client he should be discharged from the indictment.
Yesterday, Minister for Children Brendan Smith, said the Government was committed to holding a referendum on children despite opposition fears.
The minister established a committee last November to examine the amendment proposals which is due to report back to the Oireachtas by late March, he said.
Concern was expressed, initially by Sinn Féin, that the referendum might be delayed until next year after a number of political figures said it should not be held on the same day as the Lisbon Treaty poll.
But, the referendum on children’s rights will take place this year, Mr Smith has insisted.
Yesterday, Fine Gael’s Deputy Alan Shatter said the withdrawal of charges against Mr C emphasised “the urgency in holding the constitutional referendum necessary to allow the Oireachtas to enact essential criminal legislation to protect children from sexual predators”.
“As Fine Gael spokesman for children, I agree with the views expressed by Mary O’Rourke TD that it is undesirable that the referendum on the Lisbon Treaty coincide with the referendum on children’s rights,” he said.
Substantial work has to be undertaken by the Oireachtas Committee appointed to consider the original proposal on children’s rights published last year by the Government. “There is no realistic possibility in my view that the committee will complete its work and bring forward the amended comprehensive and considered constitutional proposal prior to June next so as to enable the children’s rights referendum to take place before the summer vacation period,” said Mr Shatter.
But he believed there was no reason why it could not be dealt with “in a brief bill by way of a referendum in conjunction with the Lisbon Treaty. I am calling on the Government to agree to this proposal”, he said.
Earlier this week, Sinn Féin’s spokesman on children, Caoimhghín Ó Caoláin, said: “It now looks as if the planned referendum will now be put off until at least 2009. This is unacceptable. This referendum is about children’s rights and should be given priority. It should be held at the earliest possible opportunity.”
Mr C was facing the sexual assault charges after a nolle prosequi had been entered earlier in relation to the unlawful carnal knowledge charge following the Supreme Court ruling.
Six men were cleared of unlawful carnal knowledge charges in Dublin in November 2006 before being re-arrested and charged with sexual assault offences.
The men included Mr C, the man who successfully challenged the constitutionality of legislation relating to unlawful carnal knowledge earlier that year.
The Supreme Court found that section 1.1 of the Criminal Law Amendment Act, 1935, was unconstitutional because it did not allow the defence of mistaken belief as to the girl’s age.
This meant the unlawful carnal knowledge charges against Mr C and others could no longer proceed.
The men were freed but were re-arrested as they left the Four Courts complex and charged with sexual assault offences.
Yesterday, the Dublin Circuit Criminal Court was told today that the State was dropping all other sexual assault charges against him.
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