Aideen Hayden (Labour)

I congratulate Senator van Turnhout on this amendment. I also congratulate the Ombudsman for Children's office on the excellent advice it has provided Senators concerning the Bill. Would it be possible for the Minister to consider the spirit of the amendment and table an amendment on Report Stage?

The first of a number of important points is that the law should not be an ass. This is not a debate on what constitutes good sexual practice. As any parent knows and regardless of whether we like it, children under the age of 17 years are engaging in sexual practices. This is the bottom line. Even if we pick 16 years as a reasonable age for consent, there will still be 15 year olds having sex with 16 year olds. We need a wider consideration of the matter.

We do not want a situation in which a vulnerable young person will not access health services because of a law that is archaic and out of sync with the societal reality. I do not know whether the answer lies in amending the Criminal Law (Sexual Offences) Act 2006, in which respect the advice from the Ombudsman's office was given. Irrespective of whether the amendment should be considered in terms of the Act, this legislation or both, we should not put in place legislation that places requirements on people that will not be upheld.