Aontú leader, Peadar Tóibín, has described plans to give underage children free contaceptives as “sending a confusing message on consent”.
“Health Minister Stephen Donnelly is pushing to expand free contraception to 16-year-olds as part of Budget 2025. Contraception is currently free for women aged 17 to 35, under measures brought in by the Fianna Fáil minister. However, there is resistance within the Department of Health for the initiative to be extended to girls aged 16 due to “medical ethics” – given that the age of consent in Ireland is 17,” it was reported by the Irish Independent today.
“This is an incredible development from a party and a government that seems to have lost any vestiges of cop on,” Deputy Tóibín said.
“It’s incredible that we have to explain to the Minister Stephen Donnolly that sexual activity for children is dangerous. Engaging in risky sexual behaviours can lead to HIV infection, sexually transmitted diseases, and unintended pregnancy among children. There is also significant emotional and mental health consequences to sexual activity among minors. Children are not emotionally ready for the impacts and possible consequences of sexual activity. Sexual activity among children can lead to strong feelings of regret, guilt and being exploited,” he continued.
“Children are incredibly susceptible to peer pressure. This peer pressure may well increase for a child, if the state, in a practical sense, is giving licence to under age sexual activity. The state providing contraceptives for a child means the is state is giving licence to the activity.”
“Society has started to take the issue of consent seriously. But shockingly now we have a Fianna Fáil minister saying on one hand that a young person under the age of 17 is not legally old enough to consent to a sexual act but the government will still provide that child with free contraceptives. This is dangerously confusing message for the state to provide to children,” he said.
“There is no doubt that some children are engaging in sexual activity. Unfortunately because of easy access to hardcore pornography our children are being sexualised at a younger and younger age. The proliferation of smart phones among children is creating undue pressure on children throughout the state. There is a significant increase in the sexual abuse of children of children by children currently. As a society we are making victims and perpetrators of sexual abuse of our children,” the Meath West TD said.
“Its in this environment, in this reality, that Stephen Donnelly seems to wants children to navigate complex sexual relationships. The government’s response to the increased sexualisation of children has been incredibly weak. In light of the horrific Anna Kriégel case, Aontú tabled a Bill in the Dáil that sought to make it illegal for on line hard core pornography to given to children. We also tabled a Bill to prevent primary school children bringing smart phones into schools. The government has ignored these Bills. Will GPs or Pharmacist be trained on how to identify warning the signs of undue pressure, exploitation abuse or even human trafficking being experienced by children?” he added.
“Finally, it is amazing that the government can find funding for wealthy families for free contraceptives but can’t find funding for scoliosis operations or can’t find funding or staff for mental health services through CAHMS. You would forget that Stephen Donnelly is the Minister for Health at times. He is happier to virtue signal on these issues than to focus on the horrendous hospital waiting lists, ED overcrowding, ambulance wait times and the tens of thousands of adverse incidents that happen within hospitals,” he said.
The Department of Health has been asked for comment. UPDATE 19.09.2024: The Department said that the Free Contraception Scheme was initially launched for women aged 17-25 and is currently open to women aged 17-35.
During the legislative debates to establish the legal framework for free contraception, the needs of those aged under 17 were raised. These needs pertain both to accessing contraception to prevent unplanned pregnancy and to the needs of some women and girls to access hormonal contraception for other health reasons.
In terms of need for contraception, HBSC reports that 25% of teenagers aged 15-17 have ever had sex. Of those reporting ever having had sex, 34% report not using any form of contraception. These figures include 17-year-olds, with the majority of those reporting ever having had sex at the older end of the 15-17 year old age range. It should be noted that the fieldwork for this study was conducted prior to the launch of the free contraception scheme in September 2022 (the potential impact of this measure has yet to be captured by HBSC).
Commencing in 2022, the Department of Health has undertaken a wide-ranging expert consultation. Views were sought from a number of Government Departments and agencies, including clinical experts. The results were shared, first with the Department of Health’s legal advisors and subsequently with the Office of the Attorney General. Following receipt of legal advice, further clinical advice and recommendations were sought including recommended ways forward and regarding a Model of Care, which has been drafted.
The results of the consultation process indicate widespread but qualified support for expansion to those under 17, in conjunction with additional legal supports for wider consent, which would require primary legislation. These recommendations are currently under consideration. To note, the legislation underpinning the free contraception scheme provides that a primary legislative amendment would also be required to extend the eligible age-range below the age of 17.
Expert clinical recommendations sought and received by the Department are summarised as follows:
There is a clear need for a legislative statement that the consent of a young person aged 16 years and over (the age of medical consent) is valid for civil as well as criminal purposes.
There is a clear need for legislation to give effect to a mature minor approach in Irish law and to set out the parameters for its operation.
There is a need for a legislative statement that the duty/right of confidentiality applies to children and young people (subject to Children First requirements).
Legislative provision that protects clinicians when prescribing contraceptives to young people is needed; the various policies and legislation that inform varying ages of consent for different interventions and actions can lead to confusion, impacting on young people seeking care, and on the willingness of practitioners to provide it.