Written Answers. - Relationships and Sexuality Education.
Róisín Shortall
Ceist:
173
Ms Shortall
asked the
Minister for Education and Science
if his attention has been drawn to an error in the Relationships and Sexuality Education Programme in relation to the age of consent; if he will confirm that this is given as 16 years, when in fact the legal age is 17 years; the way in which this mistake occurred; the steps he is taking to correct all relevant material; the steps he will take to re-educate students on the correct legal position; if he has taken legal advice on the implications of this error for future cases involving rape or unlawful carnal knowledge; and if he will make a statement on the matter.
[12735/02]
My Department issued two copies of the post-primary resource materials for relationships and sexuality education for junior cycle to every second level school in 1998. These materials were designed for use by RSE teachers and not for students' use. An error in the materials was brought to the attention of my Department within the past two weeks. Immediate steps were taken to have the matter clarified. In view of the very complex legal issues involved, the Department sought the advice of the Attorney General.
The Attorney General has now provided the Department with the following advice. The age of consent given in the materials was 16 for heterosexual sex and 17 for homosexual sex. I can now confirm, on the advice of the Attorney General, that for heterosexual sexual intercourse, 17 years is the age of consent for girls and 15 years for boys. For homosexual sexual intercourse, it is 17 years for boys and girls. The courts are bound to deal with the issue of age of consent in cases of alleged rape or sexual assault as it is defined in criminal legislation rather than in other forms of information which do not amount to an interpretation of the law.
As with all such guidelines, the RSE resource materials for junior cycle were prepared following an extensive consultative process involving all the education partners. All suggestions and proposed amendments were considered carefully in a rigorous vetting process before the documents were issued to schools in 1998. Throughout this process, the issue regarding the age of consent was not raised and the materials issued to schools. Subsequent to this, the matter now receiving attention was not addressed by the Department.
A letter has been drafted for immediate issue to management authorities and principals of all second level schools and groups to whom the materials were sent to clarify the matter. Steps are also being taken to have the documents in circulation amended. The materials are now out of print and a re-print, which is scheduled for late summer, will have the correct information included.
In writing to schools, my Department is requesting that principals consult with teachers who have engaged in the delivery of RSE classes from the academic years 1998-99 onwards to establish if the age of consent was raised with students during these classes. Where this was the case, my Department is requesting that steps should be taken by the school to ensure that students still in the school are immediately informed of the correct position. For the students concerned who are no longer in the school, my Department will make a letter of clarification available to schools in order that a written copy of the legal position regarding the age of consent can be forwarded.
