Seanad debates

Tuesday, 18 February 2014

2:45 pm

Photo of Katherine ZapponeKatherine Zappone (Independent) | Oireachtas source

I believe Senator Darragh O'Brien made quite a reasonable proposal and I hope the Government or the liquidators might consider it.

I commend the participants in and the makers of the "Somebody to Love" documentary screened on RTE 1 last evening. As we make laws on these issues, if anyone did not get a chance to view it, I would highly recommend that they do. The programme dealt sensitively with the issues of love and intimacy between people with disabilities, and the prejudices and legal barriers they face. Section 5 of the Criminal Law (Sexual Offences) Act 1993 outlaws sexual acts for people with an intellectual disability unless they are married. The provision was designed to act as a protection against exploitation but it is now outdated and inappropriate, and must be removed. It is a cruel and restrictive hangover from a different time.

Soon we will discuss the Assisted Decision-Making (Capacity) Bill and reviewing this provision of the Criminal Law Act would be a timely accompaniment. Fergus Finlay has an excellent article in the Irish Examinertoday. He reminds us that the Law Reform Commission has published detailed proposals to reform the law to reflect the adult rights of people who have intellectual disabilities. Will the Leader indicate whether we could have a debate on the Law Reform Commission proposals with a view towards revising the Act?

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