Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 99:

In page 34, between lines 2 and 3, to insert the following: "Amendment of Criminal Procedure Act 2010

50.The Schedule to the Criminal Procedure Act 2010 is amended by the insertion of the following paragraph after paragraph 9:

"9A. An offence under section 2 of the Punishment of Incest Act 1908 (incest by females of or over seventeen).".".

We have had some discussion on this already. Section 28 of the Bill will amend section 2 of the Punishment of Incest Act 1908 by substituting the assisting offence of incest by females of or over 17. The main purpose of this section is to bring the penalty for incest by a female into line with the penalty for incest by males, which is up to life imprisonment. The offence of incest by a female carries a maximum penalty of seven years' imprisonment. Part 2 of the Criminal Procedure Act 2010 permits the Director of Public Prosecutions, in the event of an acquittal for a scheduled offence, to seek a retrial order where new and compelling evidence becomes available. In the main, the specified offences carry a mandatory or maximum sentence of life imprisonment. As an offence with a penalty of up to life imprisonment, the offence of incest by a male under section 1, as I noted, goes back to 1908 and is listed as the relevant offence for the purpose of part 2 of the 2010 Act. Given the penalty for the offence of incest by a female is brought into line with that committed by a male via the Bill under consideration, this amendment will include section 2 of the 1908 Act in the list of scheduled offences in the 2010 Act. We have already discussed it. I will look at the details of the provisions and come back on Report Stage. It is to include the section of 1908 Act.