Martin Conway (Fine Gael) | Oireachtas source

It is very hard to argue with the logic which Senator McDowell is applying to this. The Minister of State has pointed out, and it was debated ad nauseamin the House during the previous term that there may be situations of consent. There is the matter where people may have mental health challenges of equipping them with independence and with the rights to advocate for themselves and to enter relationships on their own behalf. It is a balancing act. It is impossible to get these things 100% correct and to balance all the needs correctly.

I suggest, and I think Senator McDowell would agree, that overall this legislation is important and necessary. I do not advocate bad law for the sake of having law, but at the same time it is open to us here to amend legislation if the courts prove that the legislation or certain sections of it are not working. That option is available but I suggest that, in the overall context, the legislation is certainly a significant improvement on what is in place.