David Norris (Independent) | Oireachtas source

I am not opposed to these amendments in general but I have a couple of queries. The first concerns the use of the word "buggery". It does not occur elsewhere in the Bill, so far as I understand. It is an antique and imprecise phrase. It originated in the middle ages with an accusation against the Albigensian heresy of unnatural sexual relations as was then considered by the Papal states. The term "buggery" actually comes from the Middle French, bougre, meaning a Bulgarian because that is where the Albigensians originated. It is antique and imprecise. Buggery as understood in Irish law, simply means anal intercourse, engaged in either by a man and a man or a man and a woman or, indeed, a woman and a woman with mechanical assistance. I just wonder why this antique phrase is used here, particularly when it is not used in other parts of the Bill.

There is also the question of a sexual act with protected person. The people of diminished capacity certainly need to be protected. There is no question or doubt about that but I am glad the Minister also recognised the entitlement of people with restricted mental capacity to engage in sexual relations. I think this is important. I will make one point from my own experience. Quite a number of years ago I was contacted about and dealt with a case where a man was jailed for having a sexual relationship with a person who was determined to be of diminished mental capacity. There was no external evidence of this. Apparently the person looked perfectly normal. There was not much indication in speech or anything else of this but yet he was convicted. It turned out that the other person involved had routinely engaged in sexual activity with other adults and then blackmailed them. I think that was a bit ridiculous. We need to be careful of this. Of course, the principal imperative is to protect people of diminished responsibility and also to guarantee their rights. We also need to bear in mind very unusual cases such as the cases that are brought to the attention of the Seanad but I am not opposed to the amendments and I do not propose to call a vote.