Ciarán Cuffe (Dún Laoghaire, Green Party)

I also suggest that we look compassionately at 15 and 16 year olds who engage in sexual activity. There is a need for some kind of "Romeo and Juliet" clause. Such a clause would put in place a very minor penalty for those aged 15 and 16 who engage in sexual activity with someone who is no more than two years older than them. We must examine this issue very carefully. An easy solution of criminalising such activity is not the right way to proceed. If we criminalise such activity, it should be a very minor penalty. I suggest that the penalty might involve making the individual in question subject to community service. Such community service could simply involve engaging in some form of sex education, which would be a much more appropriate penalty than jailing someone.

We need to pass a good law today. I hope the Minister will allow time for the discussion on and agreement of amendments, as it is crucial that such occurs. In recent days, there has been a lot of moving left and right, forwards and backwards to try to deal with this issue, but people are walking free from court. They will walk free this evening and will be able to engage in all types of sexual activity without appropriate penalties unless we pass legislation.

While I support the Minister in trying to pass legislation today and I support the main thrust of what has been proposed, we must revisit the issue of 15 year olds and 16 year olds. The principle of equality between the sexes must inform legislation in this regard. It is not good to say there are greater consequences for the girl in that she may become pregnant. In 2006, the male must take the same sense of responsibility and share in the same duties of parenthood as the girl. If the Minister attempts to sideline this matter in the legislation, it will send the message that the male should not share in the responsibility. We must re-examine section 5 and remove it completely as it sends the wrong message.

We must include a sunset clause in the legislation. If the legislation is evolving by the hour and issues not previously considered are being brought before the Houses in the 11th hour, it makes good sense to carefully consider how to proceed. The legislation must be passed today with three amendments, namely, the best interests of the child should be incorporated therein, section 5 must be deleted and the legislation must be reviewed within two years.

See this speech in context