Minister set up criminal justice group in 2004

The Minister for Justice says there was an interdepartmental committee already in existence which was designed to ensure a co…

The Minister for Justice says there was an interdepartmental committee already in existence which was designed to ensure a co-ordinated approach and sharing of information on key criminal justice matters.

Michael McDowell's disclosure followed the Government's announcement on Wednesday of new procedures to ensure a co- ordinated approach to legal challenges with a potential impact on legislation in the wake of the crisis on the statutory rape laws.

The Opposition said the revelation raised further questions about the responsibility of Mr McDowell in relation to the CC case, which led to the Supreme Court judgment striking down the laws on statutory rape.

The Cabinet will meet again on Tuesday, during which it will finalise proposals for an all-party Oireachtas committee to review the emergency legislation, rushed in last Friday. These proposals will be then put to Opposition parties.

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Mr McDowell told the Dáil that in late 2004 he had established a "criminal justice group", chaired by his department which was designed "to promote a co- ordinated and cohesive approach to criminal justice matters". It had met four times since its establishment, but had never been informed of the CC case, he said.

A spokeswoman for Mr McDowell told The Irish Times that the committee comprised officials from the Director of Public Prosecutions, the Attorney General's Office, the Garda, the Courts Service and Prison Service. Mr McDowell attended a number of the meetings.

Labour's justice spokesman Brendan Howlin yesterday said the revelation of the existence of the group, which should have been aware of the case, raised new questions about the role of Mr McDowell and the Department of Justice in the controversy and the effectiveness of the Government's proposed reforms.

"It just beggars belief that there was a group, which was designed to promote dialogue between agencies on criminal justice matters, could be in such blithe ignorance of the [ CC] case and its implications," Mr Howlin said.

Mr McDowell has now asked that all cases of litigation, with constitutional and policy implications for the criminal justice system, will be a standing item on every agenda of the criminal justice group. He was planning to hold talks with the Attorney General, Rory Brady, and the DPP, James Hamilton, to discuss improving communications.

In written answers, the Minister also claimed that a review of sexual offences law in 1998 "elicited no great interest" in reforming laws relating to statutory rape, which were previously recommended by the Law Reform Commission. It had advised on the need for the introduction of a defence of "reasonable doubt".

The Government's own discussion paper, which set out arguments in favour and against the reform of the law, said the law was "at variance with what should be the normal legal requirement for a criminal offence, ie guilty knowledge".

Mr McDowell again raised concerns about the legislation, claiming that the defence of reasonable doubt could make it more difficult to convict older men who were strangers to alleged victims of statutory rape.