Seanad debates

Friday, 11 December 2015

Criminal Law (Sexual Offences) Bill 2015: Committee Stage

 

10:00 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

Section 3(6) provides that a child "means a person under the age of 18 years". In section 4, child "means a person under the age of 15 years" and section 5 defines a child as "a person under the age of 17 years". In the space of three consecutive sections, the word "child" has three different meanings, namely, a person aged 18, 17 and 15 years, respectively. This is completely inconsistent. Why dither with the description of a child? The Minister of State may live in one of Dublin's leafy suburbs but I live in the north inner city where if one called a person of 18 years a child, one would get what is locally described as a poke in the snot. A person of 18 years is not a child, as I understand the word. The matter would be resolved by removing the word "child" and inserting the phrase "a person under the age of" followed by the prescribed age. Why not define the age in absolute terms instead of having this glaring inconsistency?

The age of consent is a troubled and difficult issue, although I have always agreed with the idea of an age of consent as a guideline. In this Bill, it is illustrated by the inclusion of three greatly different ages - 18, 17 and 15 years - to define the same thing, namely, a child. I assume that in respect of section 4, somebody who is aged more than 15 years is not a child. If somebody of 16 years is not a child in section 4, why should a person be a child until the age of 18 years for the purposes of section 3? This is completely daft in my opinion but I am a humble, ordinary person. Humility is one of my most remarkable attributes, of which I have a great number.

Senator Mooney referred to Operation Yewtree, which was horrible. I do not know if Gary Glitter was caught up in that particular operation.

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