Taoiseach says change in age of consent not inevitable

The Government is becoming increasingly nervous over the recommendation by a Dáil committee to lower the age of consent for sex…

The Government is becoming increasingly nervous over the recommendation by a Dáil committee to lower the age of consent for sex from 17 to 16 years. Miriam Donohoe, Political Staff, reports.

Despite a recommendation from the Fianna Fáil-chaired Child Protection Committee last week that the age of consent be dropped to 16, the Taoiseach stressed yesterday it is not a "foregone conclusion because we haven't discussed this yet".

Mr Ahern was responding to criticism from Irish Catholic bishops to the proposal. They said they viewed the recommendation with "alarm" and said children need to be protected not only from irresponsible adults but from themselves.

The recommendation was one of about 50 in the report of the Dáil Child Protection Committee set up in the wake of the statutory rape case last summer.

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All the recommendations were agreed unanimously by committee members apart from the age of consent issue. The six Fianna Fáil members, including Minister of State for Children Brian Lenihan, the committee chairman Peter Power TD, TDs M.J. Nolan and John Curran and Senators Jim Walsh and Geraldine Feeney, agreed to recommend lowering the age.

Tánaiste and Minister for Justice Michael McDowell, the two Labour representatives Brendan Howlin TD and Senator Derek McDowell, and the Independent TD James Breen, also agreed to the measure.

The only ones to oppose it were the three Fine Gael representatives on the committee: the party's justice spokesman Jim O'Keeffe, Olwyn Enright TD and Senator Sheila Terry.

Responding in Drogheda yesterday to the Catholic bishops' concerns, Mr Ahern said: "We haven't lowered the age anywhere yet. The Oireachtas report has put forward their views and the Government will have to consider all of these reports," he said.

Mr Ahern added: "I think the bishops' input into this is a good one and I hope even more people put forward their views before we make a decision."

Afterwards a spokeswoman for the Taoiseach said there are no meetings planned between the Government and the church to discuss the issue. Asked about progress on the launch of the dialogue between the State and the various faiths, the spokeswoman said there will be no developments until the new year.

Last night several Fianna Fáil backbenchers privately agreed that the issue is "too hot" to tackle before a general election.

Fine Gael leader Enda Kenny yesterday welcomed the stand taken by the Catholic bishops, saying lowering the age of consent would send the wrong signal to children. "Yes, teenagers can physically have sex and they do, just as they can physically down a bottle of vodka. But the fact that they do does not make it right. Nor does it make it inevitable. Nor should we make it legal," he said.

The Labour Party took issue with Fine Gael's position. Justice spokesman Mr Howlin criticised the church for stating that the committee did not take moral issues into consideration during their deliberations.

Last night Minister Brian Lenihan denied there is division within the Government on the matter and pointed out that on the day the report was launched Mr McDowell stressed that the Government was not bound by the report.

Mr Lenihan said while he welcomed the Catholic Church's contribution to the debate, the episcopal commission of the church had not made a submission to the Child Protection Committee even though it was invited to do so. The church said it needed more time and wanted to see what the position was in other jurisdictions. "I still welcome their contribution to the debate at this time," said Mr Lenihan.

A spokesman for the church could not be contacted last night to comment on why it did not take the opportunity to make a submission to the committee.