Sex offenders jailed under a statutory rape law declared by the Supreme Court to be unconstitutional could sue the State for wrongful imprisonment, Labour Party leader Pat Rabbitte has said.
Mr Rabbitte told the Dáil the Government should have been better prepared for the court's ruling this week on Section 1 (1) of the Criminal Law (Amendment) Act 1935.
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Mr Rabbitte claimed that offenders convicted under the legislation could walk free from prison or sue the State for wrongful imprisonment.
The legislation made it an automatic crime to have sex with a girl under the age of 15.
There are currently seven men in prison who were convicted under the relevant section of the Act.
Mr Rabbitte told the Dáil the Government must have known that a legal challenge to the Act was before the Supreme Court and should have been anticipating such an outcome.
"Surely the Government is agreed that we want to avoid the ludicrous position of people who must be released now, or if not released, finding themselves in a position to take an action against the State for wrongful imprisonment," he said.
"Surely it is reasonable to expect that in a case like this that somebody would have been monitoring this case and that we would have been prepared for this situation."
Tánaiste Mary Harney, representing the Government, pointed out that sexual assault was an alternative charge and verdict that can be made in such cases.
"The Minister for Justice will be briefing the Cabinet on Tuesday and the intention is to have legislation in about a fortnight," she said.
"I think given the complexity of the legislation and what we're seeking to deal with here, that is reasonable in the circumstances. We would wish we could have it today, but that's not possible."
Ms Harney confirmed that seven people were currently in prison on the basis of a sole conviction under the relevant section of the 1935 Act.
She said prison authorities are in discussions with the DPP and the Attorney General in relation to these people. Others affected include those charged under the Act who are out on bail, those charged but remanded in custody pending trial and those found guilty under the Act and are awaiting sentence.
Ms Harney added that the situations of people who have served a sentence and are subject to reporting requirements under the Sexual Offenders Act 2001 are also being examined.
Offenders who have completed a sentence imposed under the legislation and have criminal offences recorded against them may also be affected.
The Department of Justice has said that any sexual activity involving someone under 15 years of age, regardless of whether or not they consented, remains a very serious offence with a sentence of up to 14 years' imprisonment for sexual assault.
In addition, any sexual intercourse with a minor against their will carries a potential life sentence for rape.