David Norris (Independent)

The recommendations of the Law Reform Commission should be listened to. There will be further attempts at clarification and definition through the courts process. I am supported in this view by an interesting article by Carol Coulter in today's edition of The Irish Times in which she said difficulties could also arise when the courts come to define further a person in authority. She wonders how wide the net will be flung in this area. That suggests there will be scope for the court to define things. She also points to the rather loose phrase, "for the time being". That is fairly vague. In my opinion that will certainly come in for scrutiny.

I cannot agree with what Senator Walsh said about higher sentences because of the present framing of the law. The age of consent of 17 is, in certain circumstances, too high. Without reducing that or without examining the question of a principle of consent, which I have repeatedly urged, injustice will be done to people. I would be happy with severe stringent sentences for the kind of horrible offence for which this man has rightly been sent back to jail today by a decision of the Supreme Court. However, it is plainly wrong to, for example, increase the penalties and make the situation more perilous for two male adolescents aged 16 and a half having an experimental sexual relationship. Due to the mix and the balance, I would not agree with higher sentencing.

I wish to advert to one other matter raised by Senator Brian Hayes. I wondered when to make this point and considered not doing so until we discuss the section. It is lamentable that we now know that there is no chance whatever of any of these amendments being accepted because the Dáil has adjourned following voting on the Bill. That renders the Seanad redundant. The function of this House is to revise legislation and table amendments to it. We have been quite deliberately frustrated in this by the act of Government in allowing the Dáil to adjourn until next week.