Enda Kenny (Mayo, Fine Gael) | Oireachtas source

No, the Bill was only published in July 2013. Committee Stage is awaited in the House. Another key task which is under way involves examining how the issue of reasonable accommodation can be achieved in a meaningful way within our constitutional framework, as interpreted by the Supreme Court.

The House may be aware that the Supreme Court in an Article 26 referral dating from 1998 found it unconstitutional to impose an obligation to provide reasonable accommodation to people with disabilities where the cost would be more than a nominal cost. The United Nations requires a higher standard that it calls "a disproportionate" cost. Our law with respect to sexual offences imposes a ban on persons with intellectual disabilities having intimate relationships. That needs to be changed while still protecting vulnerable people from exploitation. The Department of Justice and Equality is working on proposals to be included in a revised sexual offences criminal law proposal and to deal with this issue. It has published a discussion paper to allow interested parties to contribute their views on what is a sensitive and very complex matter.

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