Pádraic McCormack (Galway West, Fine Gael)

People are confused, concerned about and angered by the events of the past two weeks. They have every right to be angry. They ask how a man over 40 can walk free without serving his sentence for the statutory rape of a 12 year old girl. People are angry with the Government and, whether they elect to accept this or not, they are angry with the Minister. People realise that, if the Government had acted on foot of the recommendations of the report by the Law Reform Commission, this situation would not have arisen. The widespread anger, horror and hurt caused by this affair should not be underestimated by the Government or anyone else. We do not know if six or seven more convicted sex offenders will walk free or what the situation is regarding those individuals awaiting trial.

It is ironic and frightening that this affair arose at a time when the Government was considering introducing a common age of consent of 16 for all sexually active people and permitting sexual activity between consenting teenagers aged within two years of each other. This would have effectively lowered the age of consent to 14. I am glad the Government backed down on this proposal. What is the Dáil's role within society? What is our role as legislators? We should set standards in the laws we enact here. Children and teenagers should be protected from sexual predators and I believe the greater the age gap, the greater the likelihood of exploitation.

Due to the age in which we live and the glamorisation of sex, the impression is given that consensual sex between teenagers is acceptable if the age gap is not too great. However, I do not accept this, as it is a dangerous mindset. Deputies must send the message that sex between teenagers is not acceptable as normal practice. Legislators, parents, the media, people in public roles of authority and the general public must be awakened to the fact it is not acceptable to see sexual intercourse between youngsters as normal behaviour.

In his contribution this morning, Fine Gael's leader, Deputy Kenny, pointed out the negative aspects of premature sexual activity and the alarming increase in sexually transmitted diseases. The Bill does not refer to the serious impact of alcohol abuse on sexual activity. We are living in a dangerous age and, even in this legislation, we must be careful not to appear to give teenagers the green light to view each other as sexual objects.

For example, it is illegal for people to smoke in nightclubs and discos. This measure has become socially acceptable despite the view held by many that it would not be, particularly in respect of teenagers. However, there is evidence from the media and elsewhere that sexual activity in nightclubs, discos and other public places has become accepted. Why is it illegal to smoke but not illegal to engage in sexual activity, which might have far more dangerous consequences than a puff of a cigarette?

From what my four children, who went through the disco scene, have told me, I have been awakened to the reality of the activities taking place nightly in discos throughout the country. If someone lit a cigarette, it would not be long before a bouncer reminded the person that smoking was illegal and the establishment would be fined as a result. However, a blind eye is turned to a lot of sexual activity in the same locations.

Opposition Members did not receive copies of the Minister's prepared script and we did not know when he deviated from it, but I take it he was doing so at those times when he spoke emotionally. For most of the time, he defended his role in this matter. However, it would have been better for him to take the lead and tell the House he was sorry for the mess and, in co-operation with other parties, that the Government would try to address the issue. He should have apologised for a situation in which convicted criminals have walked free, more are likely to do so and some convictions might be quashed. Instead of ranting and trying to blame everyone else, he should have taken a degree of responsibility. Likewise, his predecessor, the current Minister for Arts, Sport and Tourism, Deputy O'Donoghue, who has since left the Chamber, does not want to take any blame. Instead, he wants to blame the Opposition and everyone else.

Legislation is a matter for members of the Government and, in this case, the Minister for Justice, Equality and Law Reform in the first instance. It is hard to accept the Minister was not alerted to the danger of such issues because there is evidence of several instances in which he was alerted, namely, the Law Reform Commission report and another report two years ago.

While I might have the opportunity to comment on the Fine Gael amendment to section 5 to be tabled on Committee Stage, I will also highlight that other siblings are not mentioned in section 1. There have been many cases of sexual activity between and rape by siblings. It is surprising that while uncles, aunts, foster parents and parents were mentioned, siblings were not. This oversight should be corrected.

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