Cabinet discussions today on a plan to lower the age of consent from 17 to 16 years of age follow an Oireachtas committee recommendation on the matter.
The Oireachtas Committee on the Constitutional Amendment on Children’s Rights recommended in 2006 that the age be reduced to 16, and that “consistency and coherence” be brought to the law.
It noted, among other things, that “the age of consent to medical treatment is 16 years. The committee considers it illogical to permit children who have attained the age of 16 years to seek and receive medical treatment of whatever nature, including treatment related to sexual health, without parental consent, but at the same time for the law to prohibit their engaging in sexual activity.
“Such a situation could lead to the situation that a medical practitioner might be facilitating the commission of a criminal offence, while their patient would nonetheless be entitled to expect to be treated.”
On reducing the age of consent from 17 to 16, however, the committee was split with Fine Gael – now the senior Coalition partner – arguing against the move.
Sources said a memo being brought to Cabinet by Minister for Justice Alan Shatter does not come down on either side of the debate but puts forward arguments for both lowering the age and keeping it at the current level.
Memorandums
This is unusual in itself since memorandums brought by Ministers usually recommend that the Government takes a certain course of action.
The Taoiseach’s reservations about the age of consent, as well as the differing views across the political spectrum, are understood to be among the reasons why it is being dealt with sensitively at Cabinet.
Mr Kenny has previously opposed the proposal to lower the consent age, saying it sent a “wrong signal to our children about values and standards”.
"This decision is out of touch with the values and aspirations of the vast majority of parents in Ireland, parents who want to live up to their responsibilities to nurture and protect their children," he said in 2006.
He has not made any public comments expressing a different view since then. Opinion polls at the time also showed a majority of people were against lowering the age.
Former minister of state for children Barry Andrews introduced similar proposals in the final weeks of the Fianna Fáil-Green Party coalition, but they were never implemented.
“We understand the Taoiseach is conservative on this,” a source said. “If the Taoiseach wants the proposal pulled, it gets pulled.”
In contrast, Mr Shatter, who is usually more liberal on most issues than many in Fine Gael, last year said the recommendations that the age of consent be lowered “have for far too long been ignored”.
Mr Shatter also spoke about how the issue had to be addressed and said it was one about which there is “legitimate political difference”.
A Labour source said it could be expected that all the party's Ministers are in support of choosing the lower age.
Backbench unease
The move could cause controversy within Fine Gael, after the party saw divisions last year over the Protection of Life During Pregnancy Bill.
It could also face similar unease among TDs, Senators and grassroots members over the same-sex marriage referendum, which the Government says will be held before the summer of 2015.
