Legal loophole - Laws must be carefully considered

THE grave dangers involved in rushing emergency legislation through the Dáil are graphically highlighted by the controversy raging over the horrendous case of a 14-year-old boy who was targeted by a paedophile ring.

As is now clear, in his undue haste to close the loophole of ‘honest mistake’ about the age of a child in a statutory rape case, Justice Minister Michael McDowell “inadvertently” repealed a law that prohibited the soliciting of minors for sex.

It is vital that legal protection for children should be watertight so as to make it as difficult as possible for paedophiles to gain access to children. Nonetheless, in closing one loophole, the Government succeeded in opening another, thus enabling sex perverts to get their predatory claws on children.

Overnight, an absolutely fundamental protection against soliciting or importuning of teenagers for sexual abuse, was abolished. At the stroke of a pen, the capacity of the authorities to deal with such abuse had been nullified.

The Labour Party is to be commended for spotting this major defect in the law. The record shows that when the emergency legislation was being fast-tracked last July, the party highlighted the inherent danger of rushing laws through the House without giving the opposition or the minister’s own officials adequate time to scrutinise the devil in the details. After steam-rolling over such demands, the Government is on the firing line.

Admittedly, the Coalition was under pressure as people had taken to the streets in protest after the courts effectively abolished the law of honest mistake, a decision which allowed a self-confessed rapist to walk free from jail.

While the Tánaiste describes the abolition of the offence of soliciting and importuning as “an unintended consequence” of introducing emergency legislation, Labour has rightly condemned it as a “grievous omission and a serious oversight”.

Significantly the revelation was not dismissed out of hand with the minister’s customary arrogance yesterday. Eating humble pie, he admitted he was taken by surprise.

But to his credit, he has also moved with alacrity, making plain his determination to close the new loophole within days. By then, however, it will be too late to be used in the case of the 14-year-old boy which is currently the subject of investigation.

In view of the seriousness of any sexual act with the child, the gardaí have been swift and effective in their investigations into this appalling case. So far, four suspects have been formally interviewed and cautioned. It is alarming that three, a trainee garda, a teacher, and an official at the Chief State Solicitor’s office, were in positions of trust.

The controversy highlights the risk of parents giving young children unfettered access to websites where they can be targeted by unscrupulous paedophiles.

The scandal also underlines the folly of rushing emergency laws through the Oireachtas without fine-combing draft legislation for potential loopholes.

Is it too much to hope that Mr McDowell will think twice before rejecting out of hand opinions which do not accord with his own autocratic views?