David Norris (Independent)

I wonder whether the members of the Government read the reports of the Law Reform Commission. If so, do they act on them? They seem to do so in a pathetically small number of cases. If what I read in the newspapers is correct, it seems, with the greatest respect to the Supreme Court, that there is a little degree of timidity in that court. It could have struck down one section of the legislation and left the rest of it intact, but it indicated that it did not want to engage in something akin to legislation. I understand that and I understand the separation of powers, but a more important principle is at stake. Under the Constitution, individuals have the right to go to court to get justice, but the girl in the A case did not get justice. It would be a mistake, however, to think we can use a sticking plaster solution to resolve this difficulty. I will support Senator Ryan's excellent attempt to cure the situation through legislation. I am sure most Senators, including those on the Government side, will do likewise, at least in principle.

We cannot just leave it there, however, because some important, difficult and complex issues need to be faced. I raised the question of a principle of consent in this House a number of years ago. When an age of consent is nakedly instituted in legislation, there will be people who will be caught. There is a case on record of a teenage youth who was sent to jail for having a consensual sexual relationship with a girl who was slightly younger then him. We need to ask questions about such a case. For example, we should re-examine the question of a principle of consent even though this may be a difficult area. When I made this argument previously, some of the more scurrilous elements of the media suggested that I was supporting paedophilia, which I was not doing. I was trying to find a way of protecting the rights and well-being of young people. As legislators, it is our responsibility to face this difficult issue with a certain amount of moral courage. This kind of problem gives everyone a chance to score points but it would be a mistake to do so. I do not think this should be a partisan issue.