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

The capacity to consent in section 22 is not the relevant part. It is about the relationship. Again, it pertains to offences concerned with a breach of trust and a risk of exploitation. The person was in a position of responsibility, under a contract of service. What we are trying to protect here is the breach of trust. It concerns the relationship between the parties; that contracted relationship. We have been advised that as a defence of reasonable mistake is an objective test, then the appropriate standard is that of civil liability. I would stress that the difference between the sections is the relationship between the personnel. As I stated at the outset, it is because a person is in a position of trust and has been contracted into that position.