Dáil debates

Friday, 2 June 2006

Criminal Law (Sexual Offences) Bill 2006: Second Stage.

 

1:00 pm

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)

I wish to share time with Deputies English and McCormack.

I was appalled at the self-satisfied manner in which the Minister for Justice, Equality and Law Reform made his contribution but it reflects his attitude in general. It is time he learned the issue is not all about him, that he is not the most important person in this regard and the world does not revolve around his axis. The public has not worked up a frenzy, as the Minster stated. There was a legitimate outpouring of anger and outrage about this issue and the use of the word "frenzy" is wrong and unfair. The people reacted to the situation in which they found themselves and they are fearful of remaining in this position.

The legislation has serious flaws. The Government should have closed the loophole first before addressing the other issues. The issue of the cross-examination of a child is a red herring. While it is a legitimate point, it could be addressed with relative ease if the Minister implemented the report on his desk. Video recording of evidence and other less invasive methods could be used and it is wrong to create the impression that young people will be in the dock.

The Bill is not gender neutral, as the Taoiseach promised, and it fails his test. Section 5 is seriously problematic for a number of reasons. The first is the distinction between sexual acts and sexual intercourse. The section provides that it is acceptable for women to engage in sexual intercourse but they will be prosecuted for engaging in other sexual acts that do not lead to intercourse. However, young people will engage in other sexual acts before progressing to sexual intercourse. This is unbelievable, as the section provides that sexual acts in which young people first experiment are wrong but it is acceptable to engage in sexual intercourse.

What responsibility have boys aged under 17? The Minister for Education and Science stated she has worked with young girls but she clearly has not worked with young boys. They become fathers in many instances following sexual intercourse. While the Minister of State with responsibility for children's affairs, Deputy Brian Lenihan, stated that the Government should not discriminate, it is doing so under this section and his arguments do not stand up.

I have thought a great deal over the past few days about the issue of the age of consent and I accept it is not easy to address. Everybody is aware of young people's behaviour and their interaction with each other. A minority of young people engage in sexual intercourse. Since I entered the House, we had several heated debates on various issues affecting young people, particularly under age drinking. Over the top responses have been used to clamp down on under age drinking. While I support the clamp down, the consequences of teenage sex are more serious than those of under age drinking. The consequence is often the creation of another life and that issue has not been addressed properly in the legislation, particularly in section 5.

No more than anybody else, I do not seek to criminalise young girls or boys but we have a duty to help parents as they try to set the tone in their households and teach their children morals and responsibility. If a 16 year old can turn around and say the legislation states it is all right for me to do that——

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