Controversy over statutory rape law

A chara, - The headline on Stephen Collins's article in yesterday's edition, "McDowell wobbles, but worst may have passed", says…

A chara, - The headline on Stephen Collins's article in yesterday's edition, "McDowell wobbles, but worst may have passed", says it all.

In any right-thinking society the present debacle over statutory rape would immediately prompt unreserved apologies and resignations by those responsible - especially given the ensuing release of "Mr A" and the wave of revulsion it caused. But here, alas, the old duck and cover tactics have begun in earnest.

This, of course, should come as no surprise to the public despite the present angry outcry. Politicians in this State are judged not on their competence in delivering what they where voted into office to do, but for their ability to avoid accountability for whatever ignominy that embroils them. "Cute hoor" politics, indeed.

As Minister of Justice, whether he likes it or not, Michael McDowell has ultimate liability in this fiasco and therefore should resign forthwith. Those rushing to his defence should redirect their energies towards better serving those whom they were elected to govern. - Is mise,

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DAVID O'SULLIVAN, The Island, Chapelizod, Dublin 20.

Madam, - And the buck stops - where? - Yours, etc,

JARLATH MOLLOY, Norwich, England.

Madam, - History repeated itself again this week with the Supreme Court ruling on statutory child rape. Significant child care law and policy developments in Ireland have resulted primarily from external criticism from the United Nations and from child abuse inquiries in Ireland.

The reactive approach to the Supreme Court ruling, despite the knowledge of the 1990 Law Reform Commission report, highlights the low priority of children in our society. It demonstrates the distance Ireland must travel towards an integrated and proactive approach to protecting and promoting the welfare of children.

When will we have the reforms needed so urgently to enshrine the rights of children in our Constitution? As Gabriela Mistral, the Nobel Prize-winning Chilean poet, said: "Many things we need can wait, the child cannot. . .To him we cannot say tomorrow. His name is today". - Yours, etc,

Dr DEBBY LYNCH, KENNETH BURNS, Social Work Development Unit, Department of Applied Social Studies, University College Cork.

Madam, - "The 1935 Act has served us well, served successive prosecutors over seven decades" -- what an appalling vista for a fast-changing Irish society when Cabinet Minister Brian Cowen criticises the Supreme court for striking down the 1935 Law as contrary to the Constitution.

For decades, to their credit, the somewhat ramshackle machinery of the judiciary has called on the executive and parliament to accept their responsibilities and legislate for a new Ireland. Yet despite committees on changing the Constitution, nothing systematic or final has been done.

Our elected representatives have constantly thrown back awkward, fundamental and divisive issues to be settled by the courts.

On the specific issue of the 1935 Act, the Supreme Court rightly refused to engage in quasi-legislative tinkering with laws that go to the heart of how society looks at and regulates itself. It is not just Ministers McDowell and Cowen, but the whole of the legislative arm who stand guilty of funking their role. - Yours, etc,

JOHN O'DONOGHUE, Rathmichael, Co Dublin.

Madam, - In view of the length of time it has taken the legislature to act in a constructive way to deal with child sexual abuse, the posturing of opposing political parties is sickening.

Irish society has been ambivalent in its views on many serious matters. It is very chastening to read the recently published biography of Eoin Duffy by Fearghal McGarry, lecturer in Irish history. O'Duffy, the first Garda Commissioner, made submissions to the Carrigan Committee which had been set up in 1930 to recommend legislation to regulate sexual offences. These submissions indicated that, inter alia, child abuse was widespread. As McGarry writes, "the committee's unpublished report, which treated O'Duffy's submission so seriously that it formed the 'framework around which the report was built' was buried after consultation between the Department of Justice, the Executive Council and church leaders".

Among the reasons for its burial was the "reluctance by Church and State to confront the implications stemming from the possibility that independant Ireland was less virtuous than it had been under British rule".

Those who feel that the economic progress of this country is so wonderful might ponder their priorities. - Yours, etc,

DICK O'RAFFERTY, Kilbride, Duncannon, Co Wexford.

Madam, - Illegal immigrants held on charges in UK prisoners are let out of jail and disappear. the relevant government minister claims that he did not know this was happening. The minister has to resign.

Sex offenders are let out of Irish jails after a protracted appeal against a provision in the Constitution. The relevant Minister claims he did not know this was happening. The Minister stays in office.

Good to see that we are not slavishly following the Brits in everything these days. - Yours, etc,

FRANK E. BANNISTER, Morehampton Terrace, Donnybrook, Dublin 4.

Madam, - In Holland this week, paedophiles formed a political party which, among other things, seeks to reduce the legal age for intercourse to 12 and encourage child pornography.

Meanwhile in Ireland, we discover that rape of children wasn't really a crime after all.

It has been a great week for the child abusers of Europe. - Yours, etc,

Rev EDWARD VAUGHAN, Shankill, Co Dublin.

Madam, - If convicted rapists seek to escape jail on a technicality, as is the case at present, surely they should be refused on that basis alone. Surely every person guilty of such crimes should feel they deserve their original sentence. Otherwise they should never be released. - Yours, etc,

SEAMUS LYNCH, Portrane, Co Dublin.