Seanad debates

Tuesday, 10 June 2014

Criminal Law (Sexual Offences) (Amendment) Bill 2014: Second Stage

 

6:00 pm

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I am very pleased that the Government is supporting the Second Stage of this Bill. I commend Senator Zappone on the huge effort she made to bring this legislation before the Seanad. Unfortunately I could not attend the briefing in the Merrion Hotel earlier but my assistant was there on my behalf. I believe it was a very powerful and informative session.

I also welcome those in the Public Gallery, particularly those who assisted Senator Zappone in preparing this legislation. I have had contact with the Centre for Disability Law and Policy in the National University of Ireland Galway, NUIG, over the years and have often met the people who work there. There is a world class research department there and their work is recognised internationally. We are fortunate to have the support of people in such policy units to help us drive this agenda on.

As previous contributors have said, society has moved on and so have people with disabilities but, like so much else in society, this legislation is in a timewarp. The legislation of 1993, though not old, was not appropriate even at the time it was enacted. The Minister has committed to wide-ranging legislation that is being worked on at the moment. I agree with Senator Ó Clochartaigh that this legislation should not be caught in places to which we have no access, such as the Office of the Attorney General. I sincerely hope this legislation, on which the Minister and her staff are working, will run in tandem with Senator Zappone’s legislation. Indeed, it will be interesting to see how Senator Zappone’s legislation progresses on Committee Stage. There is a clear commitment from the Minister to follow the thrust of Senator Zappone’s legislation and to ensure her legislation encompasses it when the time comes. It is absolutely appropriate that it should be an offence for a person to abuse a position of responsibility. The Minister has correctly said that a balance must be struck between protecting citizens and ensuring those with the capacity to make decisions have the freedom to do so. As Senator Zappone said eloquently today, this is about fostering love, companionship, romance and the things we all hope for in our lives. Why should people with disabilities be treated any differently?

Section 5 of the 1993 legislation was a gross generalisation and categorised everyone within the same ambit. I think this is wrong and I am pleased the Seanad has, yet again, been the Chamber to highlight this issue and give a voice to people who have felt without a voice for too long. The people voted to retain the Seanad because its job is to reflect the views of those perceived to be members of minority groups. I hate labels such as minorities and majorities because we are talking about people and citizens. Everyone deserves to be treated equally and this is a matter of the equality agenda. Thankfully we are here today thanks to the good work of Senator Zappone carried out when Private Members' time in Seanad Éireann was dedicated to the discussion of this issue. When it comes to issues that matter to people, the great thing about the Seanad is the various parties and Independent Members can form a unified force to support the right thing.

It is incredible how we can have a unified force where all the parties and Independents can come together to unanimously support a measure when it is the right thing to do. Our colleagues in Dáil Éireann could learn quite a lot from the manner in which we do our business. We do not often get recognition for it because we possibly do our business a little too quietly, which does not get the same headlines generated by the adversarial element.

This legislation is most welcome. It is putting right something that is wrong within our legislative process that affects people's lives in a profound way. I agree with Senator Ó Clochartaigh that it is a good day for the Seanad. Let us hope it is a good day for our citizens as well.

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