Helen McEntee (Meath East, Fine Gael)
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The feeling on this is that if we place too much of a cumbersome onus on consent and having to define it, it will create more of a challenge and that it is easier without it. The definition as was included in the sexual offences legislation is quite specific in terms of people being asleep or where there clearly is not consent, which does not really apply in this instance. We would be creating a separate terminology. For the purpose of this measure, it might place a more cumbersome onus on the person to have to define it. The legal advice is that it would be simpler without it, obviously understanding the reason behind the proposal for it. I do not think it would work when connected to the other definition because it is quite specific to sexual offences.