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The politics of self-preservation How the Supreme Court saved a floundering government after a week of crisis
Kevin Rafter and John Burke



FIANNA Fail ministers are privately furious with justice minister Michael McDowell's handling of the worst political crisis since the Fianna Fail-PD coalition came into office nine years ago. As the government licked its wounds this weekend, several ministers, speaking off the record, conceded that they had suffered serious damage from the fallout to the Supreme Court's original decision which led to a convicted paedophile being released from prison.

McDowell met with what one minister described as "furious annoyance" when the Cabinet gathered last Tuesday morning. The initial anger was provoked at the selective leaking of proposals for legislative reform, including lowering the age of consent, which had not received cabinet approval.

Tanaiste Mary Harney is also said to have been unconvinced by the justice minister's approach. Under pressure, McDowell agreed to drop the consent issue, to examine the possibility of emergency legislation and to consult with opposition parties to seek all-party agreement.

Reliable sources said that by midweek, Brian Lenihan and Willie O'Dea had emerged as strong counterpoints to McDowell at the various cabinet meetings that decided on the government's ultimate strategy.

While there was a closing of ranks this weekend, there remains strong annoyance at a senior level in Fianna Fail with McDowell's performance. "We didn't need to see him barking and finger wagging in the Dail on Friday, " one minister said last night. Another minister said: "he gave the air of intellectual snobbery. There's a time to be humble. The trick is to know when to show it."

The opposition parties are expected next week in the Dail to turn their attention to the failure of communication systems in the Office of the Attorney General. Last night, Alan Shatter, a leading family law expert and former Fine Gael TD, called for the resignation of AG Rory Brady. "Either he knew of the upcoming constitutional challenge and failed to inform the government or he was not in control of his office, " Shatter said.

Despite several requests from the Sunday Tribune last week, the AG's office declined to confirm when it received initial notification about the constitutional challenge. However, Marie Torrens, barrister in the 'CC' case, confirmed that the AGs office was informed in November 2002 that section 1 (1) of the 1935 act was being challenged.

A government spokesperson last night said there was absolutely no question of Brady resigning. The AG will report to Cabinet later this week on measures to improve the operation of his office. "The legislation passed on Friday is not the end. Its just the start of a process, " one source said.

One immediate measure will be the announcement next week of a new annual audit system for all proposed legislation. The audit would be carried out by an external legal expert to ensure all necessary steps are being taken to ensure that children's rights are being fully protected.

The government is also expected to proceed with plans to seek all-party agreement for further legal changes in the area of teenage sexuality. An allparty committee will be asked to report within a specific timeframe.

Many ministers remain unconvinced about the constitutionality of the new legislation introduced last Friday. "All we can do is hope that nobody challenges it or that no prosecutions take place, " one senior government figure said. Under the new law, if two teenagers under the age of 17 have sex, the boy can be charged with a criminal act while the girl is guilty of no offence. "This law will come back to haunt us, " Labour's Brendan Howlin said yesterday.

The re-arrest of 'Mr A' last Friday took immediate pressure off the government, but various sources believe that it is by no means certain that the legal arguments used in his case will apply to all other cases taken under the 1935 legislation. "It's still not clear that rapists won't walk free, " Jim O'Keeffe of Fine Gael said.




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