Department of Justice secretary general told of case - Harney

The secretary general of the Department of Justice was informed by the office of the Chief State Solicitor about the court challenge to the statutory rape law in November 2002, Tánaiste Mary Harney told the Dáil.

Ms Harney defended the role of Minister for Justice Michael McDowell and Attorney General Rory Brady in the controversy during renewed exchanges with the Opposition.

Ms Harney revealed that the secretary general was told the "case was emerging, that it was being initiated".

She added: "Subsequently, in December 2002, I think, there was contact from the office of the Chief State Solicitor saying we would be kept up to date, and I understand nothing happened subsequent to that."

Ms Harney said that being aware of a case and having a Bill in the drawer to deal with it just did not happen.

"To start, one would need to see the terms on which the Supreme Court might decide that something was unconstitutional.

"There was no anticipation that it would come to its decision."

Responding to demands that Mr McDowell make a statement to the House, Ms Harney said: "The Minister for Justice is working hard, as he has been for the past week, to have this legislation available for the Government meeting later this morning."

On Mr Brady's role, she said: "The AG has behaved impeccably in this matter."

Earlier, Labour leader Pat Rabbitte said that Ms Harney was standing in for the Taoiseach, who took responsibility in the House for the Attorney General. "Given that it is the role of the Attorney General to protect our Constitution, can the Tánaiste say how it can be credibly suggested that the AG was not aware of a case of this gravity concerning the Constitution?"

He added that in the case between the appellant and the applicant, the first person named in the title was Ireland, the Attorney General and the DPP. "That is the normal description of such cases and it reflects the normal function of the AG."

Caoimhghín Ó Caoláin (SF, Cavan-Monaghan) said: "The AG was represented in this case and he sits at the Cabinet table, yet the Tánaiste claims that neither he nor the Minister knew about the case. It is hard for people to accept that that is credible."

Insisting that Mr McDowell address the House, Dan Boyle (Green Party, Cork South Central) asked: "Why today of all days do we not have the hectoring presence of his party colleague on the front bench?

"On any other day, he would be in the chamber pointing his finger, making accusations and asking this side of the House to account for itself."

Mr Boyle said Mr McDowell should explain an article he wrote in the Sunday Independent in 1995, indicating he had intimate knowledge of the issue.

Mr Ó Caoláin said there was a responsibility on the Minister to come into the House later in the day and explain his role and that of the Attorney General.

"Deputies require the right to ask pertinent questions. The Minister sat here dumb throughout the past few days as the Taoiseach and the Tánaiste have responded on his behalf and on behalf of the Government.

"He has not been accountable to this chamber, yet that is what is required of him."