Pat Rabbitte's Questions to the Tanaiste (June 1st 2006)

national | rights, freedoms and repression | opinion/analysis Tuesday September 19, 2006 15:10 by Chris Murray - .

Full text.

" Since last week the Labour Party has consistently argued for the closing off of
this loophole. For that reason when the Government was persuaded to deal with
it this week, last night we facilitated it being taken, which is the reason for us not
voting against the order of business.However , we have not seen the bill and there will be
little time to look at the issue. I urge the Tanaiste to cause the Minister for Justice , Equality
and Law reform to make it available as soon as possible.

What the minister said in the private briefing to the Justice spokespersons yesterday
was quite different to what he said in the Seanad.This is part of the difficulty. The Tanaiste
has referred to the plight of the victims, but there has been little mention of the families
or the victims up to now. I know of a particular case that was pending and
where the action was stayed and will not proceed, and no contact of any kind by the Health Service Executive,
appropriate personnel or anyone else has been made with the family involved. Can the Tanaiste say if a list of families involved in this debacle has been compiled, or a list of victims affected by the circumstance where the historical cases arenow likely to walk free?
Has the Tanaiste any ideas how many cases are pending? Why has contact not been made?"

(snip)

"The Tanaiste is standing in for the Taoiseach, who takes responsibility in this house for the Attorney General. Given that it is the role of the Attorney General to protect our constitution
willcan the Tanaiste say that the Attorney General was not aware of the gravity of the case concerning the constitution?

The Tanaiste told this house yesterday or the day before that the Attorney General and the DPP had joint carriage of this case. The Minister for Justice, Equality and Law Reform has been briefing against her since then, to the effect that she was mistaken.
Whether it is true that the case was one of joint responsibility, that there was a
De Juro and De Facto dinstinction as the case progresses, surely the Attorney general ought to have been aware of this?
Will the Tanaiste say if he was aware? If he was not aware, I suggest he was not doing his job.

As the Tanaiste knows, in the case between the appellant and applicant,
The first named in the title was Ireland, the Attorney General and the Director of Public Prosecutions.
That is the normal description of such cases and it reflects the normal
function of the Attorney General. Accordingly I ask the Tanaiste to take the opportunity
to reassure people in this matter because parents and citizens are concerned to
know the truth.They find it very difficult to believe this situation could not have bee
anticipated bythe Governement. The minister for Justice Equality and Law Reform
told the Seanad last night that it was impossible for him to anticipate the outcome
of the case and have the legislation ready. That is complete and utter nonsense.
The suggestion that he put forward was that it would pull the rug from under the
people defending the case. This is complete and arrant nonsense.
Given the gravity of what is involved, amending legislation ought to have been in
preparation in the event of the legislation being struck down. That was not done
what is now being prepared and only after the mother and father of all battles
in this house and outside of it, is legislation which we still have not seen.

I would like to ask the Tanaiste to say to the house what action she causes to be taken
in respect of the families and victims and to advise us on the role of the Attorney general."

Text oF Ex-Tanaiste Mary Harney's reply, (Government Publications- Parliamentary Debate
Dail Eireann Thursday June first 2006)

The present Tanaiste And Minister For Justice has not replied satisfactorily
to the questions above. The simplicity of what is being done to support the
families that were caught up in the Judgement of Ms Justice Laffoy in
relation to the 1935 act. The carriage of the case and the failure in anticipation
of the fall-out from the 'CC' case which instigated the Laffoy judgement.

The Criminal Law (Sexual Offences) Bill 2006. Which passed through both
houses of the Oireachtas, (unamended) and Including Section 5, continue to concern.
The request by the Ombudsman for Children for excision of section 5 on the basis of its
constitutionality- it is not gender neutral, was ignored in the haste to pass the Bill.

The Tanaiste and Minister for Justice has allowed for the setting up of a parliamentary
sub-committee on the issue of Consent, but no Inquiry into the fall-out from the
Laffoy decision , or reason as to why the 1935 act was reviewed only as the result
of a constitutional crisis.

Should not the Oireachtas investigate the whole period leading up to
the constitutional crisis, the fall-out and the hastily drafted legislation-
quite simply put the victims of this crisis deserve answers?