Ivana Bacik (Independent)

I second Senator's amendment to delete the Minister's amendments and express my very strong opposition to them. I will first respond to a couple of technical points the Minister made. He said he envisages no prosecution would be taken without the DPP's approval. I am surprised there is no provision in the proposed new sections that no prosecution may take place without the DPP's consent. I was going to raise this. The Minister will be well aware of the formula used, for example, in the offence of marital rape and a number of other offences where some sort of public policy issue is at stake. That would have been a sensible insertion into this section.

During the Minister's speech I made a point of order on his comment that he envisages that this offence would be tried in the High Court. I presume he means the High Court in its criminal jurisdiction of the Central Criminal Court. I expressed surprise at that, not because I am necessarily in opposition to that.