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. 101:

In page 34, between lines 2 and 3, to insert the following:

“Amendment of Taxi Regulation Act 2013

52. The Taxi Regulation Act 2013 is amended— (a) in section 30, by the substitution of the following definition for the definition of “sexual offence”:
“ ‘sexual offence’ means an offence referred to in paragraphs 5 to 11A of Part 1, or paragraphs 4 to 7A of Part 2 of the Schedule;”;
(b) in the Schedule—
(i) in Part 1, by the insertion of the following paragraph after paragraph 11:
“11A. An offence under section 21 of the Criminal Law (Sexual Offences) Act 2016.”,
(ii) in Part 2—
(I) by the substitution of the following paragraph for paragraph 5:
“5. An offence under section 4, 4A, 5 or 5A of the Child Trafficking and Pornography Act 1998.”,
(II) by the substitution of the following paragraph for paragraph 7:
“7. An offence under section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006.”,

and
(III) by the insertion of the following paragraph after paragraph 7:

“7A. An offence under section 3, 4, 5, 6, 7 or 8 of the Criminal Law (Sexual Offences) Act 2016.”.”.

The amendment is consequential again in terms of creating the offences. This relates to the Schedule to the Taxi Regulation Act. I remind members that a conviction for an offence listed in Part 1 of the Schedule gives rise to mandatory life disqualification from holding a taxi licence. A conviction for an offence listed in Part 2 of the Schedule gives rise to mandatory disqualification for a specified period. The effect of the amendment is that a person convicted of an offence of engaging in a sexual act with a protected person, under section 21, will be disqualified for life from holding a taxi licence and that a person convicted of certain other offences created by the Bill will be disqualified for a certain period. It is to bring the legislation into line with the Bill.

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