Michael McDowell (Dublin South East, Progressive Democrats)

This issue is of some significance. The effect of accepting this amendment would be that the offence of gross indecency would be restored in respect of a young male over the age of 15. Effectively, a young gay man aged 16 who engaged in some act which was not an offence under the 2006 Act, for example, heavy petting — I do not want to get too detailed in this regard — would commit an offence. An 18 year old gay man who had a heavy petting session with a 16 year old gay boy would commit an offence, whereas an 18 year old heterosexual committing more or less the same actions with a girl would not. If I were to accept this amendment, it would introduce a new discrimination against males. We tried to make the legislation gender neutral and say that if a girl did something, a boy should be able to do something and we should not look at the nature of the act by reference to gender.

Some people would remark on how awful it would be for a 40 or 50 year old man to grope a 16 year old boy. Many people would be turned off on hearing that but, equally, people would consider it wrong for a 50 year old man to grope a 16 year old girl. I do not intend putting back the clock and saying that a 16 year old boy is in a different position to a 16 year old girl. We should have a law which is gender neutral on ages of consent. If I were to accept this amendment, I would be bringing back an offence of gross indecency with a young man in circumstances where a girl was perfectly entitled to consent to exactly the same behaviour.