Michael McDowell (Dublin South East, Progressive Democrats)

Section 3 replaces section 2 of the 1935 Act and sections 3(c) and (d) of the 1993 Act. It criminalises engaging or attempting to engage in a sexual act, as defined, with a child under 17 years of age. The penalty structure is analogous with the provisions in the repealed sections of the 1935 and 1993 Acts but if the offences are committed by a person in authority, the maximum penalties are higher. The defence provisions in section 2 are also incorporated into section 3. No proceedings for an offence under this section against a child under 17 years of age can be brought except by, or with the consent of, the Director of Public Prosecutions. This will ensure consistency in prosecution policy and that the Director of Public Prosecutions' common law discretion not to prosecute in cases where it would be unjust or inappropriate to do so will be preserved in its entirety.

Section 4 allows for summary disposal of minor offences under the Act. Section 5 ensures a female under 17 years of age cannot be guilty of an offence under section 1 or 2 by reason only of her engaging in an act of sexual intercourse. This is being introduced after several representations including those of the Law Reform Commission going back to 1990 and the strongly held views of the Director of Public Prosecutions this week. These are also the views of many involved in child protection. They believe it would be wrong to stigmatise mothers and pregnant girls of 15 or 16 years of age as if they were either the victims of violent rape or they had committed a crime.

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