Thomas Byrne (Fianna Fail)

I would be interested to hear the Minister's views as he took part in a discussion of this matter at some length at an Oireachtas joint committee in the previous Dáil. While Senator van Turnhout's amendment raises issues of profound import for society, I do not believe I would be carving out exceptions to this legislation unless we are making the policy choice in the general law. That is not to say I do not agree with the Senator's amendment. We have profound choices in society to make. I am listening to this debate with some interest and to the views expressed on this issue. I do not have fixed views on the age of consent issue.

While it is well made, I do not accept the point that just because it is happening means it should be accepted by society. Although I can see the rationale for that point of view, society needs to come to a decision as to what age and what circumstances are correct for consent. It is not just about the age as is reflected in the amendment but about the difference in ages. A 15 year old and a 24 year old having consensual sex is a different matter to a 15 year old and a 17 year old. It raises more profound questions and we should be consistent with this in reporting legislation. It should not interfere with the obligations of reporting. The better course of action would be to change the general criminal law.