Charles Flanagan (Laois, Fine Gael) | Oireachtas source

5 o’clock

While the Deputy spoke of the matter of consent and the definition of it, and the legal position surrounding consent or the absence thereof, I want to refer to the recently passed Criminal Law (Sexual Offences) Act which introduced, for the first time, a statutory definition of consent to a sexual act. It states that a person does not consent to a sexual act if they allow the act to take place due to the application of force, or the threat of the use of such force. It also states that a person cannot consent if they are unconscious, asleep or intoxicated from alcohol use or any other substance. It further states that a person does not give consent if they are mistaken as to the nature or purpose of the act.

I agree with what Deputy O'Callaghan said. We can look at that further. At the request of the Attorney General, the Law Reform Commission has undertaken to examine and make further recommendations on the issue of a reasonableness test for an honest belief of consent.

In the context of the review that I recently announced, I intend to meet Rape Crisis Network Ireland and other representative groups in the next few days. The legal protections for complainants will form part of that review, which will include consultation with relevant stakeholders and take account of proposals made in this area such as the recent Rape Crisis Network Ireland convened interagency group report on vulnerable witnesses. The terms of reference of this review are currently being finalised. I would be happy to keep the House informed. I acknowledge the contributions of Deputies Ó Laoghaire and O'Callaghan and others in this area, and I would be happy to commit to working with them.

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