What’s so tricky about the proposal to give free contraception to 16-year-olds?

Minister for Health Stephen Donnelly is pushing for funding in the budget (coming up on October 1st) to expand the free contraceptive scheme for women and non-binary people to include more age groups. The current scheme covers 17- to 35-year-olds for prescription contraception. Donnelly is looking at increasing the upper age, while also lowering the lower age to include 16-year-olds.
In a word, yes. The age of consent for sexual activity in Ireland is 17, so providing free contraception to 16-year-olds is seen within the Department of Health as legally complex and there has been some resistance to the Minister’s proposals. While some might argue that there are 16-year-olds having sex regardless – and they should be helped to avoid pregnancy or sexually transmitted infections – opponents have not been shy about criticising the plans.
Aontú leader Peadar Tóibín has said “sexual activity for children is dangerous” and “engaging in risky sexual behaviours can lead to HIV infection, sexually transmitted diseases and unintended pregnancy among children”. He also said: “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 underage sexual activity.”
Donnelly has hailed the success of the existing free contraception scheme, particularly the uptake – more than 50 per cent – among younger women. He conceded that access for 16-year-olds is “more complex” and some “very legitimate concerns” have been raised around legal complexities and the age of consent for sexual activity. However, he said the age of consent for medical treatment is 16 and noted: “A young woman in Ireland today can go into her GP and say she’s pregnant and she wants to avail of termination-of-pregnancy services and they will be provided to her quite rightly.
“I feel that if we are offering those services to a young woman who is 16 years of age, she should also be able to go into her GP and say ‘I’d like to be able to avail of free contraception’.” Others, such as Labour Party leader Ivana Bacik, pointed out that the pill is used for more reasons than just preventing pregnancy and it is often prescribed for menstrual regulation.
It remains to be seen whether a head of steam of political opposition will build to the plans. There appeared to be no great opposition to the proposal from within Donnelly’s party, Fianna Fáil, during the week. Budget talks are continuing but there have been several expansions of the eligible age group for free contraception already. If the “legal complexities” can be overcome it may well be announced on budget day.