Sexual Offences (Northern Ireland) Order 2008

My Lords, I understand what the noble Lord, Lord Glentoran, is saying, although I cannot quite follow his logic. First, he says that it is going to be some time off before criminal justice is repatriated to Northern Ireland; then he says that it is important to have a common standard because of travel, particularly by students, between Northern Ireland and Great Britain. So, not for the first time, I did not quite follow his logic. I congratulate the noble Lord, Lord Rooker, on giving a comprehensive introduction to this order. As he remarked, it is the outcome of the first fundamental review of the law on sexual offences in Northern Ireland, which aims to modernise the law in Northern Ireland. We very much welcome the codifying in one order of all the sexual offences in Northern Ireland. We hope that this will make it easier for those who are involved in using sexual offences legislation to apply it in an effective way. As I said, we support the order, so I will not go into detail about many of the provisions before us today. In particular, we welcome the new gender-neutral offences, which can be applied to males and females where this is possible, and the removal of consent as a defence for sexual activity with a child under the age of 13, which will now always be rape. As the Assembly ad hoc committee heard from a number of witnesses, that will be particularly important for child witnesses. I also support lowering the age of consent in Northern Ireland to 16, thereby providing continuity with England and Wales. In many ways, there are misunderstandings about the way in which Northern Ireland’s current age of consent is set, which creates unlawful carnal knowledge offences for boys, but not for girls, in consensual relationships between teenagers. Despite having a higher age of consent than other parts of the UK, Northern Ireland has one of the highest levels of teenage pregnancy in the UK and the current age of consent has largely been superseded by the Fraser guidelines on consent to contraceptive advice in the 1985 case of Gillick v West Norfolk. By bringing Northern Ireland into line with the rest of the UK, the order will ensure that young people have access to the same rights and protections. It is often the most vulnerable young people who will engage in early sexual activity. It is vital that they feel that they can access information and advice about their sexual health. It is important to emphasise that this provision sets 16 as the age at which it is no longer a criminal offence to engage in sexual activity. It does not encourage young people to engage in sexual activity. However, it is important that this is implemented in tandem with a strategic approach to the sexual health needs of young people. We will support this order and oppose the amendment proposed by the noble Lord, Lord Morrow.