Dáil debates

Friday, 2 June 2006

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages.

 

2:00 pm

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)

I will take my opportunity to speak if other Members do not mind. I know we are suffering from a time lapse. I reiterate the sunset clause issue as outlined by Deputy Cuffe and others. It seems clear the Minister is not going to take out parts of the Bill which Opposition Deputies object to. I hope there will be a time to examine it sooner than the end of this year, as the matter needs to be revisited quickly. I reiterate the calls of my colleagues for a sunset clause to be inserted.

The Minister mentioned that section 4 could be discussed with regard to the committee. I wish to raise a point mentioned with regard to the DPP already recognising the interests of the child. For example, in pursuing a case relating to statutory rape as an offence on which a person can be convicted rather than some other form of sexual offence, I presume the DPP would proceed with the statutory rape case in order to protect the interests of the child and not subject him or her to rigorous cross-examination. Why does the Minister have difficulty inserting amendment No. 4 given that it is not contentious and that it asks for the rights of the child to be a primary consideration? Most importantly, it sends a clear message to people outside these Houses that we take the interests of children into primary consideration. It is not a tautological insertion but neither will it shackle the Director of Public Prosecutions in any way. In that context, why can it not be included now?

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