Katherine Zappone (Independent) | Oireachtas source

I welcome the Minister of State, Deputy John Perry, and I am happy to have him here as I add my final comments. I wish to express my deep appreciation to the Minister for Justice and Equality and her team for having listened to and heard the prime aspects of the Bill and the intent and principles behind it. This is critical in law-making and I am most appreciative.

The Minister made several comments in her speech which are particularly important for us as we take all of these issues forward. She stated she accepts that section 5 should be repealed. This means we have a Minister for Justice and Equality who accepts section 5 should be repealed, and this is a big deal. The Minister also stated it is important we make law to ensure everyone's equality before the law and acknowledge as far as possible the right to vulnerable persons to sexual autonomy. She also stated in her remarks that there is a requirement to strike an appropriate balance, and "balance" is the key word, between sexual autonomy for vulnerable persons who have the capacity to consent and some level of special protection. This is critical, but we must get the balance right. We did not get the balance right the last time. Senator Bacik, of whose seconding the Bill I am most appreciative, described the existing Act as crude, paternalistic and inadequate. We did not get the balance right the last time so we need to get it right this time. I am appreciative of the awareness of this.

I am a bit concerned about the use of language such as "vulnerable persons" and the need for "special protection". It sounds a little like language which is engaged to make law which treats differently people with a difference and therefore reduces their access to equality and justice. I know this is not the Minister's intent and this is the challenge we face as law-makers. The Bill, with its elements, is trying to move to provide a way to ensure a balance between respect and protection which does not take it away from people with a disability.

I acknowledge and thank the Minister because we share the same principles and concepts expressed in this Bill and in the Government's Bill which has priority in being drafted. Other Senators picked up on this and I am most grateful that the positive sentiments echoed by the Minister for Justice and Equality were also echoed by my fellow Senators. I appreciate the fact people attended the launch of the Bill and the briefing.

I knew what Senator Quinn meant when he said his eyes had been opened because my eyes were opened too on this journey. My ears could hear the voices that were growing louder and I knew that we had to do something. We must change the current law.

The Minister has identified many positive aspects and it indicates that the Minister and the Department of Justice and Equality have reached a milestone. I appreciate that Catherine Byrne and many others in the Department have worked long and hard on this Bill as we move towards the repeal of the discriminatory aspect of the legislation. Will there be amendments on Committee Stage? Perhaps it would be better if aspects of this Bill were incorporated into the Government's Bill. Once section 5 is repealed what will take its place and how will we make the substitution in a way that will appropriately balance respect with protection? The Minister said many of these issues are currently before the Attorney General and the Director of Public Prosecutions so of course we must wait to hear what they say. The Minister said the focus in criminal justice must be on the perpetrator and I said the same. In our discussions with the Department before this debate we learned something of this along with the Department's concerns. I appreciate the time I had to discuss this matter with the Department.

It is correct that the focus in criminal justice must be on the perpetrator to ensure victims are not doubly discriminated against or abused. This is why the effort to create a statutory definition of consent in this Bill seeks to focus on the perpetrator but also the victim, in order to protect the victim. There must be mutual understanding and agreement. The focus is not solely on the victim in our effort to create appropriate protection and respect by changing the legislation.

I have been considering what brought about the development of this Bill, including the voices of the self-advocates, especially those in the documentary "Somebody to Love". The director of the Blue Teapot Theatre Company in Galway, Petal Pilley, said in the documentary that one feels as though one has been hit in the chest when one realises existing legislation says people with intellectual disabilities should not engage in sexual relations and that it is a crime to do so. We must fix this legislation soon. I appreciate that this is priority legislation but as Fintan O'Toole said in his newspaper column today on the mother and baby homes, "the past has yet to pass". We need to make the past pass by passing this legislation soon. The milestone must not be kicked aside and nor can we fail to reach it. The timeframe on this is critical and we all, including self-advocates, must keep our feet on the pedal of protest until the legislation changes. The legislation must change before this Government comes to an end or we may have to start all over again. There is a sense of urgency and we await the responses from the Office of the Attorney and the Office of the Director of Public Prosecutions. I am very anxious to engage in final consultations to conclude this Bill.