The Perameters for the all-party Oireachtas Committee have been Published.

national | rights, freedoms and repression | news report

Tuesday July 25, 2006 13:04

by Chris Murray - The Unmanageables

The Fall-out from the 'CC' case continues.

Most Irish newspapers carried an advertisement yesterday which included details
of the issues which will be studied in relation to the 'CC' case and the 'A' case.
These are published as perameters for the fifteen member committee which
contains three women, one TD(fine Gael) and two senators.
The'CC' case prompted an expected constitutional crisis, wherein the 1935
legislation pertaining to the 'honest mistake' mechanism was allowed in the case of
someone accused of statutory rape but of an age with the victim. Justice Mary Laffoy had no
option within the perameters of that legislation but to release 'CC'.

The constitutional repurcussion was felt when Mister'A' was released. He had not claimed 'honest'
mistake and had been imprisoned for rape of a then 12 year old. The Minister for Justic'es response was the'double whammy' wherein the loophole in the law would be closed through re-writing
the legislation and re-incarcerating Mister'A', both of which were accomplished on the same day.

All political parties approved the legislation and sought after amendments were not included, except those of the government parties.

The ombudsman for children requested the excision of 'Section 5' because it was not gender neutral
and open to constitutional challenge. Her letter re the issue was read into the record of the dail by Green Party Td Ciaran Cuffe.

The problem arose , therefore of the consent issue, or as Mister Mc Dowell states the definition of the boundaries with age as an issue in relation to unlawful carnal knowledge of a minor.
Or- Honing the legislation which passed through both houses of the Oireachtas (unopposed , save by Joe Higgins TD)

The job, therefore of the committe is to accept recommendations and opinions of the NGO's, support groups and individuals who have an interest in the matter of the age of consent.

The closing date for interested parties is: 30th November 06.

Submissions in writing to:

Clerk to the Joint Committee on Child Protection
Kildare House
Kildare Street
Dublin2.

Issues covered by the 12 man/3 women will be :

Criminal Law.
Age of Consent.
Criminal Law procedures.
Recommendations.

The info is available in the National newspapers of 24/07/06.

It does not give an age at which an individual is entitled to submit relevant materials to the committee, nor does it deal with the reality of how the new law copperfastened the 1935 legislation, retained the 'honest mistake' mechanism and added an assortment of new criminal offences through the offices of 'Section 5' as well as putting a rape victim on the stand of a court room to explain how they were dressed and acted at the time of the offence.

The rape victim who will be put on the stand to explain this information to the judge will be , in the
in the eyes of the law, a minor.

The perameters published do not take cognisance of the ongoing fall-out of criminalising children for sexual acts, nor do they address the issues of further traumatising the victim of alleged rape.

The NGO's will have to do that.

The issue of the age of consent will be addressed to teenagers in dialogue, but the ultimate decision will be left to the deputies who form the cross-party committee.

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Two Referenda

by C Murray

Mon Sep 17, 2007 18:23

Newstalk 106 is reporting that we are to have two referenda within the year.
One on the Reform Treaty and one on Child Protection.

I included the issue of the Referendum on Child Protection in here because the issues
in the Referendum on protection will address the issues raised by the Criminal law
Bill which went through the Dail as emergency Legislation in 2006 and was amended to
included solicitiation in early 2007. On September the 10th 2007,aspects of the protection
of children were enacted as part of the Criminal Justice Bill 2006- which was introduced
to the Dail by Minister Mc Dowell and was referred to the Council of State by the President.
This involves sections of the Criminal Justice Bill , the PDF's and
explanatory are at :- http://www.justice.ie (September 10th 2007)

Sections of the Criminal Justice (Sexual Offences) act 2006 (amended 2007)
are constitutionally challengeable , particularly Section 5 , the initial wording of the
referendum will outline protections for kids and the wording will indicate if they
are in line with Ireland's international obligations. Mr Ahern states that the two referenda
may be on the same day dependent on the 'matters arising'

Labour re-shuffle

Wed Sep 19, 2007 13:11

E. Gilmore has changed the porfolios of the front bench. Pat Rabbitte is taking on Justice.

Brendan Howlin gets Law reform and Constitutional reform- in FF, Law Reform is partnered with
Justice in the same portfolio, so the area divided by Labour signals a change in approach to
the issue of FF portfolio division.

Michael Mc Dowell, it will be remembered, caused multiple problems in the Department
of Justice, Equality and Law Reform with introduction of laws that are unconstitutional and
did not address the issues of child protection/ statutory rape/human trafficking under
Ireland's duty of protection to the child in adherence to international rights and treaties.
The Laws at issue are still on the statutes and as Mary harney proclaimed were drafted within
'The Constitutional Framework'.

Fine Gael have announced a re-shuffle too

Wed Sep 19, 2007 16:00

Richard Bruton retains the deputy leadership, but 7 front-benchers have lost their portfolios.
There is no information as yet ,if Enda Kenny has shuffled or divided the portfolios as Labour have.
Labour split Justice, Equality and Law reform between Brendan Howlin and Pat Rabbitte.

Rabbitte has Justice and Howlin has an interesting new portfolio entitled:- Law Reform and
Constitutional matters. When News comes out about the FG re-shuffle, I shall put it on here.
Jan O Sullivan form Labour got the Health Portfolio, whilst Joan Bruton retained Finance.

There are new FG front-benchers, and mostly they are men. Two doctors that got elected
in the recent election are named onto the front bench.

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The Perameters for the all-party Oireachtas Committee have been Published.

Comments (3 of 3)