Margaret Cox (Fianna Fail)

I heard what the Minister for Justice, Equality and Law Reform said in the Dáil on the issues that have been raised.

I wish to raise an issue of major concern. I refer to the issue of inequality under section 5 of the legislation — that may not be the correct section because I find it difficult to understand the Bill fully. While I agree that it is perfectly fair and legitimate to protect a young girl who may become pregnant and that she should not be liable to prosecution, my concern is for her boyfriend. I will cite an example to illustrate this issue.

In a case where a 16 year old boy and a 16 year old girl have been going out for three months, six months or three years, they have had a sexual relationship for one year, two years or three years and suddenly the relationship finishes because the girl is unhappy or her parents find out about the relationship and are appalled, the girl may become pregnant or even if she does not she is not liable to be prosecuted, but the young man is liable in that respect. If the act is notified to the Garda, it must bring the case to the DPP, as the law states the act is an offence, and the DPP does not have any discretion in this matter because it is a prima facie case in regard to an offence cited in law. The 16 year old boy does not have any defence because, having gone out with the girl for three months or more, he must know her age and therefore does not have a defence on that ground. A 16 year old boy may be prosecuted for having sex with his 16 year old girlfriend. That is not right. It introduces inequality under the law in regard to the treatment of girls and boys and allows for exploitation.