Michael McDowell (Independent) | Oireachtas source

I would love to wrap up the debate on this, but let us be clear about this. Section 22(6) which we are discussing now states: " A person guilty of an offence under subsection (1) where the sexual act consisted of sexual intercourse, buggery or an act described in section 3(1) or 4(1) of the Act of 1990 shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years." That is a person in authority who buggers a person, whom they are supposed to protect. A person found guilty of an ordinary sexual act with a protected person under section 21(5) is liable to be sent to prison for 14 years.

There is no getting around this. These two sections have been differently drafted. However, the section the Minister of State has been defending, as being more serious and requiring greater protection, carries the lesser penalty. I would like somebody to explain the rationale for that.