Dáil debates

Wednesday, 1 February 2017

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage

 

7:10 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour) | Oireachtas source

The Minister made a distinction between a protected person under section 21 and a relevant person under section 22. Will she elaborate on why the word "relevant" could not also have been used in section 21? They would then be the relevant persons under that section rather than under the other section. I did not fully understand her explanation as to why she was able to use "relevant" in section 22 but not in section 21 when "relevant" is clearly the preferred language of the various groups that have lobbied on the Bill. Will the Minister also address the issue I raised of fairness in a situation where the burden of proof is on the person who is being accused and where there may legitimately be a lack of knowledge that the person at that particular time did not have the capacity to consent when that person generally does have the capacity to consent in other circumstances?

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