Immediate
action is needed to remove the criminalisation of young people engaging
in consensual sex in the South.
The Criminal Law
(Sexual Offences) Act 2006, passed by the Dail in response to the crisis
provoked by the Supreme Court decision that declared the 1935 Act unconstitutional,
means that - for example - 16 year olds are committing a criminal act
by engaging in consensual sex. This new law does not recognise the reality
of young people’s lives in the 21st century.
Whilst all of the opposition parties and a number of independent TDs
criticised aspects of the new law in the emergency Dail debate, they
nevertheless voted in favour. The only TD to call for a vote on the
new law was Socialist Party TD Joe Higgins. Under Dail procedures two
TDs must act as tellers, but Joe was unable to get another TD to agree
to be a teller alongside himself and therefore the vote could not take
place.
During the Dail debate Joe Higgins stated: "It is a disgrace that
the Government would treat young people in this way. The 15, 16 and
17 year olds of this country are capable of thinking for themselves
and engaging in wide-ranging debate. Instead of rushing in here to opportunistically
cover over its recent incompetence, the Government should bring these
young people and their parents into the debate and listen to their voices.
While I agree that abusers of children should be sent to jail for a
long time, it is a disgrace that young people involved in consensual
relations should be placed in the same category."
In an incredible catalogue of events going back 16 years, during which
time the four main establishment parties have been in government, nothing
was done to prevent this crisis. In 1990 the Law Reform Commission recommended
changing the law, then in 2002 the Chief State Solicitor told the Department
of Justice that a legal challenge was under way. Subsequently in 2005
the Supreme Court said it would hear a constitutional challenge (this
decision was reported in the Irish Times!). Yet on 23 May 2006,
when the Supreme Court ruled the 1935 Act to be unconstitutional, Minister
for Justice Michael McDowell and the Attorney General claimed they didn’t
know the case was underway!
This has been one of the biggest crises faced by the Fianna Fail/PD
coalition in its nine years in government. Bertie Ahern has been damaged
not only by the incompetence of his cabinet but because he spent the
crisis in New York.
The Socialist Party believes it is completely wrong that a law has been
passed which equates consensual sex between teenagers with the abuse
and rape of minors by adults. Legislation is needed to protect children
from abuse but this new law could mean, for example, that in the case
of a 16 year old couple having consensual sex the male could be jailed
for five years, or in the example of a 15 year old female having consensual
sex with a 14 year old male that the male could be imprisoned for life.
Aside from new legislation to protect young people from abuse by adults,
it is now essential that a debate opens up in society that recognises
the reality of life for young people. This debate must allow young people
and their parents to express their views on how the law should be "framed"
in relation to consensual sex between teenagers.
Young people must receive a progressive sex education in our schools,
that also deals with issues such as self esteem, respect for others
and safer sex. Young people should also have free access to contraception,
i.e., condoms in order to prevent unplanned pregnancies and the spread
of HIV and other STDs.
A more open and progressive approach to educating our young people about
sex can also give them the confidence and ability to stand up to potential
abusers and to speak out to those they trust and repect in their families,
to teachers or peers when they have been or feel they potentially could
be open to sexual, mental or physical abuse.
See also:
Joe Higgins Column: Young people's
rights trampled by new sex offences legislation
Socialist
Youth members speak out
