Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

Just to be clear in order that there are not any surprises, I agree with Deputy O'Brien. In terms of changing the law, the law is being changed if Deputy O'Brien's amendment is defeated. It is being changed if section 28 is introduced. The law at present provides that there is life imprisonment for a male who is convicted of incest but the sentence is three to seven years for a woman who is convicted of incest. That is the law today and it will continue to be law if the Deputy's amendment is passed.

I note what the Minister said. It is a complicated area and I have given it some thought. On first principles, I believe imposing a potential sentence of life imprisonment on a female for incest is excessive. Back in Edwardian times the penalty was three to seven years and the penalty for men was three to seven years. There was a reason in 2009 why the woman in Roscommon was prosecuted for incest. It was because there were other areas of the law that were not available. As I mentioned at the outset, sections 16 and 17 are broader sections that cover offences which were not covered previously. If a mother was inappropriately having sex with her son who was under 17 years of age, that is something that can be prosecuted and penalised for up to 15 years at present. My inclination is to support Deputy O'Brien's amendment.

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