Damien English (Meath West, Fine Gael) | Oireachtas source

The amendments in group 4 are intended to fully ensure the necessary protection from exploitation by persons responsible for the welfare, care and supervision of certain persons with disabilities. They create an offence of engaging in a sexual act with a relevant person. For this purpose, a relevant person is a person with a disability which is of such a nature or degree as to severely restrict the ability of the person to guard against serious exploitation. This is a functional test but not related to capacity to consent at a particular time or to a particular act. The aim of the offence is to ensure those persons with responsibility for the care and well-being of another do not take advantage of that person's ability to protect himself or herself against serious exploitation. The intention is to avoid a breach of trust by those responsible for another person's care and welfare. The relationship between a person in a position of authority and a person under his or her care may be such as to be open to exploitation. This provision does not undermine the capacity of a person who may be defined as a relevant person from consenting to a sexual act. It simply places a responsibility on those in authority to maintain an appropriate relationship.