Brendan Howlin (Wexford, Labour)

I move amendment No. 32:

In page 85, line 22, to delete "adults" and substitute "persons".

Section 169(1) of the Bill as circulated states: "For the purposes of this Part, a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship..." It has been pointed out to me that an adult is a person aged 18 years or over. Current law sets the age of consent at 17 years. The Minister will know that during the deliberations of the all-party committee in regard to the children's amendment the majority of the committee, including members of the Minister's party, recommended that the age of consent be set at 16 years. In any event, as the law now stands a 17 year old can engage in an intimate and committed relationship but would be excluded from being a cohabitant under the definition currently enshrined in section 169. I do not want to speculate on the reasons people under the age of 18 years are excluded. Perhaps this is because they are not permitted to marry under the age of 18 years unless they have special exemption. In any event, there is an anomaly here that would be better met by the formulation I am suggesting.

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