Dáil debates

Tuesday, 7 February 2017

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

 

7:15 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 26:

In page 22, between lines 21 and 22, to insert the following:“Amendment of section 1 of Act of 1992

33. Section 1(4) of the Act of 1992 is amended in paragraph (a) by the substitution of “(except sections 14A, 15, 16(1)(b), 18 and 19A)” for “(except sections 15, 16(1)(b) and 18)”.”.

This amendment amends the interpretation section of the Criminal Evidence Act 1992 so that the new provisions contained in the Bill relating to the use of screens and the regulation of the disclosure of counselling records will only apply to criminal proceedings that are initiated after the commencement of those provisions. This is to ensure that rules do not change in respect of ongoing proceedings as to do so may result in successful legal challenge. However, the provisions being introduced in the Bill will prohibit the wearing of wigs and gowns in proceedings involving children and the prohibition on the cross-examination of victims of sexual offences by an accused will apply to proceedings at the time of commencement. It is a straightforward amendment.

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