Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I move amendment No. 24:

In page 20, after line 40, to insert the following:

“(5) In criminal proceedings for a sexual offence, the court shall have regard to the following factors:

(a) the public interest in encouraging the reporting of sexual offences;

(b) the public interest in encouraging the obtaining of treatment by complainants of sexual offences; and

(c) the public interest in ensuring that adequate records are kept of counselling communications.”.”.

This amendment is designed is to ensure that, where there are prosecutions under the 1908 Act and there is a co-related prosecution of a sexual assault, the court would take into account certain factors, namely, the public interest in encouraging the reporting of sexual offences and obtaining treatment for complainants of sexual offences. I am slightly worried about this matter and I ask that the Tánaiste consider it. Perhaps the line "In criminal proceedings for a sexual offence" should refer to "an offence under the 1908 Act" because I am conscious that section 30 deals mainly with that Act. I am interested in hearing the Tánaiste's response.