David Norris (Independent) | Oireachtas source

They propose to put in a new section, yes, but it does not actually say that. The Cathaoirleach has been helpful and I thank him very much. I notice that the provision comes in at the end of the Bill. The amendment does not say that it is a new section and come in after line 41 on page 27 of the Bill, after the end of a short two paragraph statement about double jeopardy. The section does not really talk about consent at all. Section 38 reads:

(1) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this Act consisting of the alleged act or acts constituting the first-mentioned offence.

(2) Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this Act consisting of the act or acts constituting the first-mentioned offence.

I do not see any connection whatever there with consent. It is unusual that amendment No. 44 states, "In page 27, after line 41."

Amendment No. 45 states:

An individual is to be taken not to have consented to sexual activity where:(a) the defendant intentionally deceived the complainant as to the nature or purpose of sexual activity.

I am not sure what that provision means. Perhaps I could get some further information from the proposer. Does that mean that the defendant says, "We're just having sex not for pleasure but in order to produce children"?