Results 5,621-5,640 of 18,761 for speaker:Michael McDowell

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: This section applies to a citizen of Ireland or a person who is ordinarily resident in Ireland. If we are to assert extra-territorial jurisdiction, under the Constitution we are obliged to so in accordance with ordinary principles of international law. One of them is that there must be some link to the State. A citizen owes a duty of loyalty to the State under Article 9 of the...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: I thank the House for the spirit in which it took today's debate. I also thank all parties in both Houses in their approach to this issue. No party or Member is more or less concerned than any other on protecting our children. This is not a perfect set of circumstances and I wish I did not have to come before the Houses to introduce this legislation. However, I believe we have done some...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: I do not want to cut into time for amendments on the other Stages of the Bill. I fully agree with the views expressed in this House that we need a sexual offences Bill of a comprehensive kind. Although it was not given major coverage, I indicated last night in the Dáil that I intend to ask the codification committee, which has just been established and is operational in association with...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: The purpose of this short Bill is to remedy an error in the Criminal Law (Sexual Offences) Act 2006. The point we were dealing with last week in the Dáil was brought to my attention by Deputy Rabbitte, for which I thank him. While the error he pointed out is not as significant as has been claimed in many quarters, I have decided to act quickly and decisively to ensure the legislation on...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: Some of them I know myself and am very fond of them. I presume they were going through the legislation——

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: This error was picked up when they were preparing anti-grooming legislation. The Labour Party leader responsibly alerted me to this in the Dáil last Thursday. I said I would deal with it as soon as I possibly could. On Friday, he published a Bill and informed me he was glad I was making time available to deal with the matter as one of urgency in the Dáil. At that stage, I took it as the...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: That is the definition of sexual exploitation. In other words, if one is talking about kidnapping somebody and restraining or depriving him or her of his or her liberty, it will be used for that purpose. It is not creating a general offence as regards somebody turning on a blue movie in a room. That is not what the section, as amended, means.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: That is not what this section, as amended, means. To be committing an offence, one would have to be taking, detaining or restricting the personal liberty of a child for the purpose of his or her sexual exploitation.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: Yes.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: It will cover "showing——

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: It refers to any activity of a sexual nature which is an offence.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: Where is the Deputy quoting from?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: Yes.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: Yes.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: If one brings a child into a room for the purposes of observing——

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: Yes, if it involved one of the earlier offences.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: It is highly unlikely.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: That could happen under the existing law too.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: No, it would not cover two young people snogging because that is not an offence.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Michael McDowell: The child would have to be deprived of his or her liberty.