AG implementing statutory rape changes - Ahern

Recommendations in the Sullivan report into the statutory rape controversy were being implemented by the Attorney General's office but Taoiseach Bertie Ahern told the Dáil he would be "a little wary to say nothing like that could happen again".

Some 340 constitutional challenges are currently being taken against the State, which the Taoiseach described as "extraordinary" as he expressed concern about such a huge volume. This showed the complexity of work in the Attorney General's office. "The volume of work and pressure in that office is enormous, given the volume of litigation," he said.

The statutory rape controversy provoked a child protection crisis in 2006 after the Supreme Court struck down the 1935 law on statutory rape as unconstitutional. It emerged that the Attorney General had not been informed of developments in the case and the Sullivan report made 19 recommendations including the development of risk management procedures for sensitive cases.

However, during Taoiseach's questions, when Fine Gael leader Enda Kenny asked Mr Ahern if he could guarantee that "a similar situation will not arise again", he replied that he would like to be able to say he was "absolutely confident" that it could not recur but he would be a "little wary to say nothing like that could happen again".

He said he had watched the UK crisis about its biggest security breach "when the whole files of a system were put in the post". He added that "if you put a file covering 25 million people in the post and don't register it, what do you expect. We never know what might be happening at any time. That's the point I'm making."

When Jim O'Keeffe (FG, Cork South West) asked how many of the 340 constitutional cases came to trial, Mr Ahern said a tiny percentage proceeded, but "there is an ever-growing industry, if that is the word, reviewing the legislation on statutory instruments and formulating challenges around particular groups". Labour leader Eamon Gilmore said in the wake of the statutory rape crisis the Taoiseach had promised that the rapporteurs appointed to review and audit legal developments for the protection of children, would issue an annual report to the Oireachtas, but no report had been made. Mr Ahern said the rapporteurs had been actively involved but he was unaware of a published report.