Seanad debates

Friday, 2 June 2006

Criminal Law (Sexual Offences) Bill 2006: Second Stage.

 

5:00 pm

Photo of Paul CoghlanPaul Coghlan (Fine Gael)

I welcome the Minister and the fact that he is prepared to allow the issues that arise in respect of this Bill go before the appropriate joint committee. I warmly congratulate the State's legal team on its win today. I am sure the Minister took a more hands-on approach to that case than he did in respect of that taken last week. I have no doubt that his smile indicates that fact.

My sole concern with the Bill relates to section 5. It has been conceded that it is not gender neutral and there is, therefore, an in-built inequality. I accept that nobody wants to stigmatise a young girl who finds herself in that situation, but it is discriminatory and illogical that we should treat a young boy that way. None of us wishes that such activity should take place among young people, particularly in light of their emotional immaturity. Perhaps there should be a separate category for 15 to 17 year olds, because we should not criminalise them. The Ireland of 1935 was very different to that which exists today. This section will be contrary to everything in the Equal Status Act and I believe it will be revisited. We cannot allow this anomalous situation, yet it will happen today in spite of everybody's best efforts. We put down our amendment because we believe, from the advice received, that the section is inappropriate.

I look forward to the Minister's response on this. Unlike him, an eminent senior counsel, I am but a simple journeyman politician.

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