THE GOVERNMENT will publish new proposals to lower the age of consent
to 16 years, down from the current age of 17, early in the new year.
It
also proposes raising the maximum sentence for women who commit incest
to life, up from the current seven-year maximum sentence, which was
recently imposed on a mother of six.
Minister of State for
Children Barry Andrews said yesterday the current laws on age of consent
were “inappropriate” and out of touch with the modern reality of sexual
relations between young people.
“Ireland with Malta are the only countries in Europe with an age of consent of 17.
“It
means that prosecutions can issue on foot of one child having sex with a
child who is 16½. For me, to apply criminal sanctions of that order,
for that kind of activity, which we all know is more common today, is
unconscionable.”
Mr Andrews said heads of a Bill would be
published soon – probably in January – to implement the conclusion of
the Oireachtas committee on the constitutional amendment of children
that the age of consent should be lowered to 16 years.
People had
to acknowledge “times had moved on” and there was a different attitude
to sex among young people.
Mr Andrews denied that lowering the age of
consent would encourage people to have sex at a younger age. He called
for more sex education in schools.
“I don’t think young people are
ignorant, they understand that we are not setting this as a target. We
are clearly saying that delaying first sex is something that everyone
recommends.
Those people who have sex at young ages often regret it in
later life.”
Mr Andrews said the Bill would also modernise incest laws by introducing a maximum life sentence for women who commit incest.
Men
already face a possible life sentence if convicted of committing incest
but for now there is a maximum sentence of seven years for women – a
point highlighted by the judge in the recent trial of a mother of six,
who was found guilty of incest in the Roscommon child abuse case.
He
said the Government would probably not have time to pass the
legislation into law but he appealed to the Labour Party, if it entered a
coalition with Fine Gael, to continue to support the 16-year-old limit.
During
discussions at the Oireachtas committee, which was chaired by Mary
O’Rourke, Fine Gael supported maintaining the current age of consent at
17 years, while Labour supported 16 years.
The Government, he added, had to “keep going” on important issues because no date for a general election had yet been set.
It
also planned to publish the heads of a Bill to allow for the exchange
of so-called “soft” information, relating to authorities’ knowledge
about individuals who have not been charged with or convicted of
criminal offences, but who may pose a threat to children due to deviant
behaviour.
The Bill was initially expected to be published in
January 2010.
However successive drafting delays mean that only the
heads of the promised Bill will now be published in the new year,
according to Mr Andrews.
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