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[16 January 2007] - Pressure is mounting on the Irish Government to fast-track child sex abuse laws after the collapse of a rape case.
The legal "shambles" arose after the man, known as Mr C, took a successful Supreme Court challenge in 2006 which led to the crime of unlawful carnal knowledge being declared unconstitutional.
It prompted a major political and legal crisis after the Supreme Court struck down the law which made it an automatic offence for any man to have sex with a girl under the age of 15.
Yesterday the DPP decided not to prosecute Mr C, who admitted to having sex with a 14-year old girl seven years ago when he was 18-years of age.
Last night campaigners insisted that urgent action is needed to reform gaps in the law on underage sex.
Referendum
A constitutional referendum is required for this, which would also allow new laws on garda police vetting and exchanging information on paedophiles.
But the Lisbon Treaty referendum, due to be held later this year, has thwarted plans to introduce urgent child protection laws needed in the wake of the 2006 statutory rape debacle.
The Government is reluctant to hold two complex referenda on the same day.
Political party Fine Gael said that the child protection aspects of the proposed referendum should be introduced without delay.
And the Government was castigated by the Rape Crisis Network who accused it of dragging its feet over the affair.
Fiona Neary, RCNI Director, said the failure to set a date for the planned referendum was "a shambles". Ms Neary continued: "An adult who has sex with a 14-year-old can walk free of our courts, while there is no date in sight for the referendum required to provide child protection.
"Mr C successfully challenged the constitutionality of statutory rape laws in Ireland in May 2006. Since then the Government has failed to hold a referendum which would allow Irish people to provide for the adequate protection of our children from sexual exploitation.
"The Government is quite clearly dragging its feet on this matter. We have seen unlawful carnal knowledge cases halve since May 2006."
Postponement possible
But other children's rights advocates have conceded that the children's rights referendum may have to be postponed to facilitate the Lisbon treaty.
"It [the children's rights referendum] is a one-shot deal and it is absolutely vital that we get it right," said Fergus Finlay, chief executive of Barnardos which will make submissions to the Joint Oireachtas Committee later this month.
"It makes sense to separate the Lisbon Treaty and Children's Rights referendums. The proposed children's rights referendum is complex and I don't want to see it tied up with an equally complex debate.
"There are a number of areas, notably the issues of vetting and exchange of soft information, where the law is in need of urgent reform but this can not happen without a referendum."
Last night Minister for Children Brendan Smith insisted that the children's referendum, which requires an all-party consensus, will be held before the end of this year.
But that statement is at odds with views expressed by Minister of State for European Affairs, Dick Roche, and Mary O'Rourke TD, who are opposed to a "double referendum".
Ms O'Rourke, the chairwoman of the Joint Committee on the Constitutional Amendment on Children, said earlier this week that many committee members feel the children's poll should be delayed until 2009 to avoid any misunderstanding on the two referenda.
The Government has yet to make a decision on the date of either referenda, but many legal experts believe that there will not be enough time in 2008.
Time will also be needed for wording to be agreed and for a proper public debate around the implications of the referendum which will embrace both child protection and child welfare.
Further information
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Ireland: Reinstate offence of statutory rape, says children's report (19 December 2007)
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More information on children in Ireland
pdf: http://www.independent.ie/national-news/law-on-child-sex-abuse-branded-a...