Michael McDowell (Dublin South East, Progressive Democrats)

The 2006 Act prohibited certain sexual acts, including sexual intercourse, buggery or acts described in section 4(1) of the 1990 Act such as sexual defilement involving humiliation and aggravated circumstances of that kind. However, what we have now is a situation in which a girl aged between 15 and 17 years can engage in heavy petting with a boyfriend aged over 18 without him committing an offence. If I acceded to the Deputy's amendment — I do not say there is no argument in favour of it — heavy petting between two males would result in the older male committing a criminal offence of gross indecency.

I take the Deputy's point about the Ferns Report but, by the same token, I am not attracted to a situation in which an 18 year old gay boy who has a 16 year old gay boyfriend would engage in a criminal act where if they were a heterosexual couple, it would not be a criminal act. This is a matter for judgment, which is not that easy. It would be very difficult for me now, whatever about last year, to say I have been thinking about this for a year, which I have not, and I have decided to revert to the old system.

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