David Norris (Independent) | Oireachtas source

Virtually everyone would agree that sexual offences against a child are heinous but I have reservations about the amendment proposed by my Fianna Fáil colleagues for a number of reasons. First, Senator Walsh referred to conviction on indictment as if that was the only provision in the section but it is not. Section 3(5)(a) states:

"(5) A person guilty of an offence under this section shall be liable -

(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 12 months."

Summary conviction is also considered, therefore, by the legislation.

The second reason is there is nothing here that says anything about the knowledge or the mens reaof the person committing the alleged offence. One has to take into account the possibility that somebody might engage in sexual relations with somebody who appeared above the appropriate age.

With regard to the question of age, in this section and the following two sections, there are three different definitions of what a child is in terms of his or her years. That suggests a certain confusion. What is a child? In one section, it is a person under the age of 18; in the next, it is a person under the age of 15; and in the next, it is a person under the age of 17. That opens an area of ambiguity. What about somebody, for example, who engaged in sexual congress with a person who was for the purposes of this section 17 years, 11 months and 28 days? That seems to me to be a situation in which a fine would be perfectly well justified rather than a term of imprisonment of up to ten years. I am afraid I cannot support my colleagues' amendment.