The Labour Party has accused the Government of a 'grievous omission' which has resulted in the law prohibiting the soliciting of minors for sex being inadvertently repealed.
Labour claims that the offence no longer exists under Irish law because of legislation introduced last summer at the height of the controversy over statutory rape.
In a statement, issued a short time ago, the Minister for Justice said that the offence referred to by the Labour party was a minor one and a matter for the District Court.
Legislation in relation to sexual 'grooming' of children had been approved by the Government last July and is now being drafted in the Attorney General's Office.
He thanked the Labour Party for pointing out the anomaly and said he intended to reapply its provisions to sexual offences against children.
Mr McDowell has said he will introduce emergency legislation if it is necessary.
He said the matter had not been brought to his attention, but that to his knowledge the gardaí had a legislative basis to continue with their current inquiry into an alleged paedophile ring in north Dublin.
Labour leader Pat Rabbitte claimed the offence of soliciting or importuning a child for sex had been contained in the Children Act 2001 but that it had related to specific offences.
These were later repealed and replaced by new ones in emergency legislation rushed through last summer, Mr Rabbitte said.
Labour's Spokesperson on Justice, Brendan Howlin, accused Mr McDowell of rushing complicated legislation through the Dáil without adequately examining its implications.
Mr McDowell said his department was investigating the situation and if it transpired the offence had been repealed he would restore it at once in the criminal justice package which he is preparing.
He conceded such a law could not have retrospective effect but maintained the gardaí had other legal remedies available to them if that created a difficulty.
