Clare Daly (Dublin Fingal, Independent) | Oireachtas source

It is a big task, given it is an incredibly complex area. There is a view that in legislation, in some ways, less is more and, for example, defining the sexual activity as being voluntary or a free choice is probably a better way rather than prescribing a list of activities because if there are ten activities, is the eleventh less important in circumstances that had not been envisaged? There are nuances and we cannot be black and white about this definition. I do not accept the amendments in their current form. I would like a reference to the voluntary nature of this activity and I am not sure a list will work. Perhaps its inclusion was a mistake, but we enjoyed subparagraph (h) where somebody does not consent to sexual activity because he or she was mistaken as to its quality. There are many people who would probably have cause to think that they were involved in non-consensual behaviour. There may be unintended consequences of our efforts. I am happy to wait for the Minister's amendment but I would be a little reticent about a prescriptive list.