Oireachtas Joint and Select Committees

Thursday, 29 November 2018

Select Committee on Justice and Equality

Criminal Law (Sexual Offences) (Amendment) Bill 2018: Committee Stage

2:30 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Members may not have been aware that an amendment to the Bill was tabled. Amendment No. 1 sought to insert new sections in the Bill to amend the Criminal Law (Rape) Act 1981 in regard to the permissibility in court proceedings of adducing evidence or asking questions in cross-examination relating to the clothing worn by an alleged victim of rape or sexual assault. It proposed that where an application had been made in advance on behalf of the accused to allow such questions to be asked or evidence adduced, the judge may permit that only where he or she was satisfied that it would be unfair to the accused to refuse. It also proposed that the victim be entitled to be heard on the application and be legally represented during the hearing thereof. The amendment was tabled in the name of Deputy Ó Laoghaire. Although it bears my signature, I have been advised that the amendment cannot be allowed because it is not relevant to the provisions of the Bill as read a Second Time and must, therefore, be ruled out of order in accordance with Standing Order 154(1). I am not in a position to open the amendment to debate but I will allow Deputy Ó Laoghaire to address it because he may be able to explore the possibility of revisiting it on Report Stage.

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