Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The Garda Síochána College would come within the remit of the justice committee. We have referred to that before in terms of the reopening of the college during the Deputy's time in government. I will follow through on any issue for him.

The Minister for Transport, Tourism and Sport, Deputy Ross, and the Tánaiste and Minister for Justice and Equality, Deputy Fitzgerald, spoke today about the issues we know about in Dublin Airport, the arrest of people and people smuggling. I expect to have a report on this tomorrow. As I understand it, the security of the airport premises is a matter for the Dublin Airport Authority. Deputy Howlin is well aware that gardaí are always in attendance in the airport area because of their connection with Interpol and Europol and so on. I take his point about having clarity about where and in what circumstances oversight and responsibility kick in for whichever of the agencies are involved. We will bring that before the House so that everybody understands it.

The domestic violence Bill will be published this week. This morning the Cabinet approved the recommendation from the Tánaiste and Minister for Justice and Equality in respect of the statutory definition of consent to a sexual act. The draft heads of that will mean that a person consents to a sexual act if he or she freely and voluntarily agrees to engage in that act. The person does not consent to such an act if he or she allows the act to take place or submits to it because of the application of force to him or her or some other person or because of the threat of the application of force to him or her or to some other person or because of a well-founded fear that force may be applied to him or her or to some other person; if he or she is asleep or unconscious; if he or she is incapable of consenting because of the effect of intoxication or of having consumed some other substance; if he or she is suffering from a physical disability which prevents him or her from communicating whether he or she agrees to the act; if he or she is mistaken as to the nature and purpose of the act in question; if he or she is mistaken as to the identity of any other person involved in the act; and if he or she is unlawfully detained at the time at which the act takes place and if the only expression or indication of consent or agreement to the act comes from somebody other than the person him or herself. That section does not limit the circumstances in which it may be established that a person did not consent to a sexual act. These and other matters were approved by Cabinet this morning. I expect the Tánaiste will bring the amendment forward as soon as possible. This should have been done many years as the Deputy is aware.

See this speech in context