Jerry Buttimer (Fine Gael)

I thank the Cathaoirleach for allowing me to raise this important issue, namely, the consequences of a decision taken this week in the courts. I ask the Minister for Justice and Law Reform make a statement on the plans of the Government to amend the Criminal Law (Sexual Offences) Act 1993 in the light of the decision by a judge to direct a jury to return a not guilty verdict because the Act does not provide for oral rape as an offence. This is a most disturbing and distressing case, as the Minister of State, Deputy Calleary, will no doubt agree.

Inclusion Ireland has taken a forceful position in raising a number of issues related to this week's case. It has correctly noted, for example, that the current law does not adequately protect people from a range of sexual offences. It also points out, however, that the law potentially criminalises consenting sexual relationships. This issue requires urgent action by the Government rather than words in an Adjournment debate. The 1993 Act criminalises only sexual intercourse or buggery with a mentally impaired person. People with identifiable mental illnesses and older people with dementia or people with a brain injury can fall under the definition of "mentally impaired". The test applied under the Act is that the person is incapable of living independently or guarding against exploitation. It is unclear how narrowly or broadly this definition will be interpreted. The Act does not apply to married individuals but criminalises consenting adults with a mental impairment. The issue of consent is not addressed. If other sexual acts short of intercourse take place, a case may proceed and consent and other matters can be examined. The Law Reform Commission is drawing up a consultation paper on the matter. The bottom line is that the law must be changed because, as constituted, it does not protect against sexual offences which fall outside sexual intercourse or buggery.

Ms Deirdre Carroll, chief executive officer of Inclusion Ireland, has issued a strongly worded press statement on the recent court case in which she states that without new legislation in this area, Ireland cannot ratify the UN Convention on the Rights of People with Disabilities. All citizens must enjoy rights and for this reason the Government must clarify the position on the Criminal Law (Sexual Offences) Act. The decision taken by a judge earlier this week has serious consequences and widespread implications and constitutes an impingement on the rights of citizens.

As Ms Carroll noted, the current law relating to people with an intellectual disability is antiquated and dates back to the Lunacy Act 1871. While commitments have been given to introduce new legislation in this area, as far as I am aware, a Bill has not been forthcoming. While I am not sufficiently qualified to disagree with the judge's decision in this week's case, it clearly demonstrates that the current law fails to protect people with an intellectual disability from sexual acts other than sexual intercourse and buggery. This must be rectified as a matter of urgency.