Dáil debates

Tuesday, 6 March 2007

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages

 

10:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

I take much of what the Minister stated on this area. All the talk about Deputy Jim O'Keeffe's Bill and the Minister's acceptance of it has been on outlawing the crime of grooming. In fact, the section does not do this — it outlaws grooming and travelling. However, grooming a child for sex is not an offence and will not be after enacting this Bill unless it is followed up by someone travelling to commit that sexual offence.

We need to deal with this aspect. The Minister stated section 14 of the UK Act is vague. This is why my amendment redrafts it in a way which makes sense in my judgment. It does not deal with the offence of sexual assault because it deals with grooming for a serious offence. This was a deliberate decision made. Often, one can prove this by text or e-mail communications that were made. They would be part of the evidential chain to prove it. People do travel and one hears reports that many people travel to the Philippines to exploit children. In my judgment, the grooming element alone should be an offence.

We must wait for the Criminal Justice (Trafficking in Persons and Sexual Offences) Bill. Bluntly, it will not happen in this Dáil and this is a great pity. The Minister circulated the heads of the Bill and it is extremely important and urgent legislation. In that context, I do not wish to delay the House much further on this amendment. It is a mistake to believe the capturing of Deputy Jim O'Keeffe's proposal and the reinstatement of it in tonight's Bill by the Minister deals with the issue of grooming. It is an illusion to believe this is the case. It deals partly with it, in that grooming must be followed by the action of travelling for sex. I believe we have consensus in the House that the act of grooming should be addressed as an offence in itself. I know it will be when the Criminal Justice (Trafficking in Persons and Sexual Offences) Bill eventually comes before the House. Alas, it will not happen in the lifetime of the 29th Dáil.

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