Tommy Broughan (Dublin North East, Independent)
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403. To ask the Minister for Justice and Equality her views that a definition of consent should be included in the forthcoming Criminal Law (Sexual Offences) Bill; and if she will make a statement on the matter. [18395/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 9 of the Criminal Law (Rape) (Amendment) Act 1990 confirms that the failure to offer resistance does not amount to consent. Otherwise, the issue of what is or is not consent has been developed through case law. The courts have confirmed that consent requires voluntary agreement by a person at the age of consent and with the necessary mental capacity. "Knowledge or understanding of the facts material to the act being consented to is necessary for the consent to be voluntary or constitute acquiescence." (DPP v C [2001], Court of Criminal Appeal). I have not been advised that the existing position regarding the definition of consent has given rise to any difficulty in the prosecution of sexual offences.

The scheme of the Criminal Law (Sexual Offences) Bill as approved by Government does not contain any new definition of consent. It contains wide-ranging and complex proposals relating to the protection of children as well as enhancing the way in which the State manages sex offenders. It is a very important piece of legislation and one which I have prioritised for publication during the current parliamentary session.

I would be concerned that to attempt a comprehensive statutory definition of consent would be a complex undertaking. There is a real danger that it might cause unintended problems without any obvious benefit as, at best, a statutory definition of consent is likely to mirror the existing common law position.

If a real problem with the existing position is identified, I am open to considering the position.