Constitutional referendum on rape laws?

dublin | rights, freedoms and repression | opinion/analysis

Wednesday June 28, 2006 17:59

by Chris Murray - The Unmanageables

There seems to be a massive hole in the Statutory rape laws.

How apparent was it in in the Dail?

A constitutional referendum on the recently debated (use the term advisedly)
Criminal law (sexual offences) Bill 2006, has produced more controversy
in Dail Eireann today.
Mr Ahern has stated that there may (after an all-party committee) hearing on all
aspects of the law , including the constitutional implications,
which may lead to a referendum to drop the 'honest mistake'
defence and a referendum would ensure that in effect we would be returned to the 1935 act.

Which caused the problem in the first place.

The other constitutional crisis , waiting to happen has not been reffered to in the Dail today.

The problem with the constitutional rights of minors included in section 5.

The paternalism of the Taoiseach in relation to the ability to sue re constitutional rights
of a minor is set up against the honest defence mechanism.

A silence.

Except for Joe Higgins who opposed the act and Brendan Howlin who rightly reffered to that section as an absurdity.

To re-cap; Justice Laffoy released Mister A on the grounds of the constituionality of the
1935 act. The country re-acted. Emergency legislation was introduced in the Dail
which retained the 'Honest mistake mechanism', meanwhile criminalising
young people for having sex (section5). all parties voted the bill thru the Oireachtas,
the seanad accepted the legislation. The president gave it her seal.

This weekend past, the opposition called for an enquiry into the legislation
and perameters for the committee. Mr Ahern awaits their findings and will
proceed thereafter with the hinted at referendum, provoked by the legislation
introduced by his minister for justice. the debate of which he,
as Taoiseach was absent for.

There are at least two holes in the legislation , both constitutionally
challengeable. This was reported by indymedia over the past period of weeks.