Averil Power (Fianna Fail) | Oireachtas source

I welcome the Minister to the House and congratulate her on her recent promotion. I also commend Senator Zappone on introducing the Bill. I welcome the individuals and organisations present with us today in the Gallery. It has been a long fight to put the legislation on the agenda. Those concerned have a powerful advocate in Senator Zappone to take the issue forward. I acknowledge the work that has been done by individuals, their families, advocacy groups, personal advocates, and Anna Rodgers who made the documentary "Somebody to Love" which I found powerful and touching, that highlighted the need for change in the area.

As other speakers have indicated, the current law is totally out of date and inappropriate. It stigmatises people and is based on totally outdated and patronising attitudes to people with disability and takes no account of their ability to have relationships, engage in sexual activity and have the same aspirations all of us have. Senator Zappone referred to the freedom to love, to be in a relationship and to have ways of expressing that love. It is past time for us to change the law to ensure that it is disability-neutral and is based on the principle of equality while also ensuring adequate protection against exploitation and people taking advantage of their position. That should apply to everyone, regardless of whether they have a disability. Advantage can be taken of elderly people and others in care homes and other environments regardless of whether they have a disability.

I very much welcome the legislation, which as Senator Zappone pointed out, addresses a number of different issues. For the first time, it moves towards having a statutory definition of consent that is disability neutral. That is something the Rape Crisis Centre, the Law Reform Commission and others have recommended. It is a complex area in some respects and I look forward to considering such aspects in more detail using case law and definitions used in other jurisdictions. It would be a new departure to put such a definition in legislation. That is a positive step but it is something we must be careful to get right. I welcome the opportunity to debate the issue at a later stage.

I agree with the principles proposed that the definition of consent would be based on a consideration of understanding and communication and not on the circumstances that pertain such as whether the person involved has a disability. It is time that those matters should be the key elements rather than as has been pointed out, presenting anyone with an impossible test on which any of us could fall short. It is wrong to categorise people with disability and assume they do not have the capacity to consent.

It is important that the Bill raises educational initiatives. Advocacy groups and the Law Reform Commission have highlighted such a gap in current practice. We are not great on sex education in general for anyone in this country. We still have young people going through school that get a cursory sex education, if any, depending on the school they attend or the teacher they have for the purpose. Some students still go through the school system with perhaps a half hour talk on the mechanics of sex but without any proper education on protecting themselves, risks, relationship and related matters. It is an area where a lot of work needs to be done. It is of particular importance that people with disabilities would have the same access to appropriate sex education as everyone else so that they do not end up in a situation where they are vulnerable to abuse because they do not understand what is happening. I am concerned that as matters stand that would be an issue for all children, in particular when some schools do not offer the stay safe programme. Because the programme is not compulsory a small number of schools do not offer child protection programmes. I accept that is a wider issue. I commend Senator Zappone on including it as part of the debate because it is important.

Regardless of whether a person has a disability, key aspects in a relationship include having an understanding of what is involved, having an ability to spot if someone is doing something inappropriate, protecting oneself and making an informed decision and choice. It is time we recognise one cannot categorise people with disabilities so as to refuse them the option to make that choice. Our laws must catch up and, as was said at the start of the debate, it is time these people were given the freedom to love.

This is excellent legislation and I commend Senator Zappone for bringing it forward. I hope the Minister will support it. I understand the Government has promised legislation in this area at some stage but that it deals with a much wider area than what is proposed in this Bill. I would like to see this legislation progress to Committee Stage where we could have a more detailed discussion on the different issues involved.

I commend the Bill to the House.