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Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I am dealing with section 21 on page 17.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: Before Senator Bacik deals with this, can we decide whether we are in committee or whether we are on Report Stage?

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: We are on Committee Stage. It is recommitted.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: Can I indicate, before I divide the House, that the Leader said I would be in a position to move recommittals? All I am trying to do is-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: ----- to discuss a section that I have never had an opportunity to discuss before in any shape or form.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I was elected to this House by-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: -----a considerable number of people, more than some Deputies got in terms of first preferences and in those circumstances, I think I am entitled to have a say on this.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: In order not to waste the time of the House I did not press it to a vote but if there are any further motions of mine to recommit there will be a vote on them. I wish to make that clear now.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I thank the Senator.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I move: "That the Bill be recommitted in respect of section 22." This effort to choke and prevent me from even asking some questions about a section about which I have never had the opportunity to speak is very undemocratic. The Leader told me he would not oppose recommital. I am not here to waste time on this issue. I want to ask some questions. Senator Ivana Bacik should know that I...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I am moving that the section be recommitted so that I can ask some questions about it. If Senator Bacik-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: ----- wants to behave like this, there will be other days.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I thank the Fine Gael Members for allowing me to ask some questions on this section. In respect of this evening's proceedings, I only now realise that a guillotine was proposed on the Order of Business. I was about half a minute late and did not hear that being proposed.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: Hold on a second. I was going to apologise.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I did not hear that happening and that may explain why my amendment to adjourn at 7 p.m. sounded a bit strange given that the Leader had sought permission to have a guillotine at 9 p.m.On a point of information, there is no guillotine. We will conclude at 9 p.m. It was agreed that we would finish at 9 p.m.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: The discussion will conclude at 9 p.m., but the question is whether all sections will be deemed to be passed at 9 p.m.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I am sorry but that is just a guillotine.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I do not care how the Leader describes it, it is a guillotine.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: If all matters are dealt with in the form of a single question at 9 p.m., that is my definition of a guillotine. I am not going to get involved in semantics. I assure Senator Bacik that I am genuinely inquisitive as to why it is the case that in section 22 a relevant person is defined as somebody who has:(a) a mental or intellectual disability, or (b) a mental illness, which is of such a...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: In this instance, what is and what is not a defence is stated. The fact that consent was apparently given is not acceptable in cases where the relevant person is defined as being an individual who has a mental or intellectual disability or a mental illness which is of such a nature as to severely restrict the ability of the person to guard himself or herself against sexual exploitation....

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