Mary Hanafin (Dún Laoghaire, Fianna Fail)

There is no more heinous crime than that of the sex abuser. There is no greater crime than that of the person who takes away the innocence of childhood. Society abhors the child abuser. It is the duty of the Legislature to be tough on those very abusers. There is no excuse or defence for it. For 70 years there was, rightly, no legal defence for it. The result of the Supreme Court decision is that the perpetrator of child sex abuse must be given a defence in law. We are forced, in order to protect children, to introduce this legislation which in protecting them also gives the sex abuser an excuse that he or she has to argue in the court. No Member of the Legislature is in the Chamber by choice.

The new legislation will protect girls and boys. It will also ensure that people with a position of responsibility in looking after children will be penalised even more for abusing that responsibility. This debate is about protecting children in law. The courts have a duty to protect children in their sentencing. Parents, teachers and society in general have a duty to protect children not only in laws but through policies, protection systems and education. Through the vetting of people working with children extra protection can be added. New teachers, school bus drivers, caretakers, special needs assistants, escorts and people working with vulnerable children are now being vetted. With the expanded central vetting unit, children are receiving more protection. School programmes in social, personal and health education involve relationship and sexuality education and personal safety which gives young people the skills to go as far as they can to protect themselves. All primary schools should be offering the Stay Safe programme which is age appropriate, sensitive and a positive protection for young people.

Over the past week the debate has broadened. It has included the lifestyle of young people and the lowering of the age of consent for sexual activity. I have spent my working life with teenage girls. I have worked with the young teenage schoolgirl who is now a mother. I have seen her trauma and the pressures on her. That is why we will not criminalise her in the Bill. I have taught young girls who have been savagely abused by their fathers and people they knew. They are the victims of sex abuse. Through support and their fortitude, they have managed to overcome many of their difficulties to participate in life although they have been scarred for life.

I am on record as being concerned about the lifestyle of some of our young people. Many of them are involved in under age drinking and sex. I appreciate the problems and the pressures on young people by way of money, labels, peer pressure etc. The question was asked whether our laws should reflect reality. I am a strong believer that our laws should create rather than reflect the social norm. It is our duty to legislate for the type of society we want, the values we hold dear as a society and the standards to which we should aspire. Those values, norms and standards include allowing our children to enjoy their childhood and doing everything we can to protect and support them. The Bill is a contribution in this regard.

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