Oireachtas Joint and Select Committees

Wednesday, 7 December 2016

Select Committee on Justice and Equality

Criminal Law (Sexual Offences) Bill 2015: Committee Stage

9:00 am

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

I move amendment No. 100:

In page 34, between lines 2 and 3, to insert the following: "Amendment of Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012

51. The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 is amended—
(a) in Schedule 1—
(i) by the insertion of the following paragraph after paragraph 12:
"12A. An offence under section 3A of the Criminal Law (Sexual Offences) Act 2006 (offence by person in authority).",
(ii) by the substitution of the following paragraph for paragraph 13:
"13. An offence under any of the following provisions of the Child Trafficking and Pornography Act 1998—
(a) section 3 (child trafficking and taking, etc., child for sexual exploitation),

(b) section 4 (allowing child to be used for child pornography),

(c) section 4A (organising etc. child prostitution or production of child pornography),

(d) section 5A (participation of child in pornographic performance).",
and

(iii) by the insertion of the following paragraph after paragraph 20:
"21. An offence under any of the following provisions of the Criminal Law (Sexual Offences) Act 2016
(a) section 3(obtaining, providing etc. a child for purpose of sexual exploitation),

(b) section 4(invitation etc. to sexual touching),

(c) section 5(sexual activity in presence of child),

(d) section 6(causing child to watch sexual activity),

(e) section 7(meeting child for purpose of sexual exploitation),

(f) section 8(use of information and communication technology to facilitate sexual exploitation of child).",
and

(b) in Schedule 2, by the insertion of the following paragraph after paragraph 11:
"12. An offence under any of the following provisions of the Criminal Law (Sexual Offences) Act 2016
(a) section 21(sexual act with protected person),

(b) section 22(offence against relevant person by person in authority).".".

This amendment adds offences created under the Bill to the Schedule to the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012. Schedule 1 to that Act lists the offences against children regarding which it would be an offence under the Act to withhold information. The amendments to Schedule 1 propose adding a number of the new offences created under this Bill to this. Section 2 of the 2012 Act lists the offences against vulnerable persons regarding which it would be an offence under the Act to withhold information. The offence under section 21 of engaging in a sexual act with a protected person and the offence under section 22 with regard to persons in authority, which I will introduce by way of amendment, are to be added to that Schedule.

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