Protection of Children and Vulnerable Adults

Speech by David Ford delivered to Assembly, 4 February 2008 on Mon 4th Feb 2008

I welcome the fact that - three or four years after it should have happened - we have finally got around to codifying the law on sexual offences in Northern Ireland, largely in line with that in GB, because a huge backlog needed to be addressed. I also welcome the fact that there is near unanimity in this Chamber on all issues but one. If I may quote from a letter from Love for Life:

"While much of the discussion around the Draft Sexual Offences Order has focused on the proposed lowering of the age of consent, we believe that there has not been enough focus on broader child protection issues with regards to underage sexual activity."

That is the nub of the argument between the two sides on the one issue that has been debated today. Most of the representations that have been made, such as that from Love for Life, detail concerns for the protection of children and vulnerable adults, and, surely, we all agree on that.

Strengthening the law with regard to children under the age of 13, in particular, is to be welcomed. The doubt expressed from all corners of the House about the so-called reasonable-belief defence - the belief that somebody might be over 18 when they are patently not - must be carried forward to the Northern Ireland Office, as must the point about those who are in a position of trust. Although it may be easy for Governments to define positions of trust with regard to certain statutory occupations: that is clearly inadequate. People such as sports coaches have been mentioned in the debate; and similar occupations must also be taken on board.

However, the question of whether the age of consent should be 16 or 17 remains. It divides opinion in society, in the Assembly and, indeed, in my party. Members may have heard Mr McCarthy heckling Dr Farry earlier today. That shows the diversity of views that exist and, to some extent, the strength with which they are held. I will give my opinions on a purely personal basis, while acknowledging that there are a range of opinions, even among my colleagues. My opinion is shaped by my experiences as a social worker over the years. I find, on balance, that the arguments put forward by organisations such as the NSPCC and Barnardo's have the right approach.

There are no prosecutions of young people who are just under the age of consent and who engage in sexual activity with other young people. Therefore, the issue is not what we might seek to promote as an example of the best kind of lifestyle, it is whether we should look to criminal law to address social problems.

It seems to me that the proponents for keeping the age of consent at 17 assume that somehow that will make all the difference. They produce, not unreasonably from their position, the example of what happens in England and Wales. Yet, by the same token, people could give the example of what happens in the Netherlands, where the age of consent is 16, and the teenage pregnancy rate is significantly lower than that in any part of the United Kingdom. We can welcome the fact that our teenage pregnancy rate is decreasing -

Mr Ross: Will the Member give way?

Mr Ford: Certainly, if the Member is brief.

Mr Ross: I thank the Member for giving way. He mentioned the Netherlands. However, the evidence suggests that the major difference in the Netherlands is the family set-up, or some sort of moral code in that country. Does he recognise also that Northern Ireland is different to the rest of United Kingdom in that there is a stronger family base here? Maybe there are moral differences in this country compared to the rest of the United Kingdom.

Mr Ford: That is a fair point, because it seems to be not only a matter of family structures, but of the active promotion of proper educational mores and ensuring that those sorts of values are carried through, as opposed to the relatively lax regime that one finds in the rest of the United Kingdom, where people attempt to pick up such values only when problems arise.

There are serious issues about the resources that must be put into health and social services, and education, in this field. That will be a challenge for those parties that have Ministers in Government and who control the Budget.

Recently, we have seen positive developments in the reduction of teenage pregnancies in Northern Ireland. However, that is not related to the issue of the age of consent but to the success of an active programme to reduce the rates of teenage pregnancies.

I am confused by remarks made from the DUP Benches by Mr Simpson. Members are asked to approve a report that states that there is a breadth of opinion on the issue, although the majority is of one opinion. As somebody who has just taken the minority view on that, I have no difficulty in accepting the report. Mr Simpson seemed to think that Members are being asked to vote on the age of consent.

The issue is protection of the vulnerable. The key parts of the draft Order and the report deal with that issue, whether with regard to underage children or vulnerable adults. We should concentrate on that issue and reach unanimity across the House.

Related Link:

Hansard.