Dáil Due To Pass Emergency Legislation (Éire)

The Dáil is due to pass emergency legislation to close a loophole relating to the offence of soliciting children for sex tonight.

The Bill also introduces a new offence of 'grooming' children for sexual exploitation, which will be punishable by up to 14 years in jail.

The protection of children from sexual predators is a notoriously difficult area legally. This emergency legislation is necessary because another piece of emergency legislation last year opened a legal loophole, effectively abolishing the offence of soliciting a child for sex.

The irony was not lost on TDs during the late night debate, with Opposition deputies warning of the dangers of creating further problems as the new law is rushed through the Oireachtas in two days.

The Bill will reinstate the offence of solicitation, as well as increasing the penalty for it, and introduces a new offence of 'grooming' children for sexual exploitation.

One possible problem was identified by the Labour Party, who suggested the new law might not be constitutional because it did not specify a possible defence of honest mistake - the issue which led to the law on statutory rape being struck down last year.

But Tánaiste Michael McDowell said there was no need to specify such a defence, which he said was implicit in the legislation.

However, even if this aspect is legally watertight, it is certain that the Oireachtas will have to return to the protection of children at a later date.


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