Maurice Cummins (Fine Gael)

I move amendment No. 3:

In page 3, between lines 6 and 7, to insert the following subsection:

"(5) Where a person guilty of an offence under this section—

(a) is not more than 24 months older than the child under the age of 17 years with whom he or she engaged or attempted to engage in a sexual act, and

(b) was not—

(i) in respect of the child under the age of 17 years with whom he or she engaged or attempted to engage in a sexual act, and

(ii) at the time of the commission of the offence, a person in authority, he or she shall be liable on summary conviction to a fine not exceeding €1,000.".

This amendment seeks to reduce the seriousness of an offence committed by a person under 17 years of age. Under the present terms of the Bill if two 16 year olds have sexual intercourse not only is the female not committing an offence because of section 5 but the male is liable to a five-year prison sentence. Senator Norris and others mentioned this on Second Stage. The Bill should not aim to criminalise peer sex but to catch older sexual predators.