Jim O'Keeffe (Cork South West, Fine Gael)

I want to see the law enacted and the restoration of the criminal charge of defilement of children under the age of 15. I want to see the introduction of additional penalties for persons in authority. I want to see the maintenance of the age of consent.

I will raise two issues. First, the Minister spoke at length about children being cross-examined as a consequence of certain proposed changes in the law. If the Supreme Court states a law is unconstitutional we must enact a law that is constitutional. However, the consequences to which the Minister referred can be minimised. Why has that not been done? The Minister raised the issue of young children being cross-examined and subjected to ordeals but it will not arise for very young children, who are clearly under the relevant age. I do not want any child to suffer additional trauma. Why have the recommendations of the video evidence committee not been adopted? Why has the report of the expert group gathered dust over the past three years? Why have recommendations that would minimise the trauma to which the Minister referred not been adopted? The Minister must respond to that because it is a further indication of neglect on his part.

Deputy Kenny and I have mentioned our reservations on section 5, out of which serious issues arise. It does not represent the best way of dealing with sex between young people or teenagers, though there must be a provision to deal with it. Following discussions with colleagues in the Labour Party, I was prepared to put forward a proposal to do so.

I am concerned about the constitutionality of the Minister's proposal. There is a considerable danger that its constitutionality or lack thereof may be challenged on the basis that it is not gender neutral. I am also concerned that it could lead to an outrageous position in which girls will be exempt from prosecution for engaging in an act of sexual intercourse but not so exempt for engaging in other sexual acts. It also raises the possibility that boys, particularly younger boys, may be criminalised following involvement with a girl who may be a couple of years older than them. These issues have not been fully appreciated or teased out. For this reason, I have major reservations about section 5 and will propose an amendment on the basis that while my proposal may not be perfect, it offers a more appropriate solution to the problem with which we are dealing than the current provisions of the section.

The amendment proposes to maintain the age of consent, address the issue of teen sex, provide minor penalties for minor offences, hold the line as far as the law and parents are concerned, ensure the word does not go out that the House is sanctioning, approving of or legalising teen sex, deal with the issue in the same manner as the House has tried to deal with other issues such as soft drugs or under age drinking, and try to find a practical solution in legal terms while providing a defence to parents who will be able to tell children that certain activity is not legal, approved of or proper. At the same time, it will provide defences to young girls and, possibly, young boys who should not be faced with the argument that the Dáil has indicated certain activity is acceptable. The approach adopted by the Government in section 5 is not the right one and, on behalf of the Fine Gael Party, I will shortly table an amendment to the proposal therein.

The Minister has many questions to answer and major questions need to be followed up after the Bill is passed. Leaving the political dimension aside, other aspects of the Law Reform Commission report and other issues need to be addressed. Let us, on an all-party basis, put in place a procedure for completing this task in order that the House will no longer be required to deal with serious, complex issues of this nature through emergency legislation.

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