Results 9,921-9,940 of 18,761 for speaker:Michael McDowell
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: There was insufficient time to provide an official translation of the Bill. I will address Deputy Sargent's comments about people in an educational role. Unless we adopt this Bill, a 35 year old male teacher who has sex with a girl aged 15 or 16 will commit a serious offence under the law if we reinstate it as it was but, curiously, a female teacher who seduces a boy aged 15 or 16 would be...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: I move amendment No. 3: In page 3, line 28, to delete "Criminal Law (Rape) Act 1981" and substitute "Act of 1981".
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: No, I said there was no offence if one was dealing with the matter of a consensual act of a 15 and a half year old before or after the passage of the Bill.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: The Deputy misunderstood. He said I was decriminalising something.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: However, I said that under the 1993 Act as I understand it, consent was a defence.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: Will the Deputy tell me why I am wrong?
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: Consent was still maintained as a defence in the 1993 Act.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: It is on this issue that we are divided.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: If I am wrong, I will concede the point.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: Likewise, if the Deputy is wrong, he should concede it.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: It is not to be assumed that the Director of Public Prosecutions does not take into account the interests of a child when deciding whether to initiate a prosecution against or about that child. The DPP must take into account whether it would damage the child to bring him or her to court to give evidence. He must also consider whether it is reasonable, having regard to the overall social and...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: As the Deputy probably appreciates, the Ombudsman for Children has written an evaluation of the Bill and made some suggestions along these lines. On examination, a number of the suggestions are problematic, but they can be considered by an all-party committee. I would welcome such consideration.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: On the question of consensual activity, Deputy Howlin's amendment and Deputy Jim O'Keeffe's amendment and the Bill do not display consensus. Deputy Jim O'Keeffe is proposing a nominal penalty. The Green Party is proposing a community service order. Deputy Howlin wants it to be decriminalised and Deputy Joe Higgins agrees with him. We do not have consensus on this issue.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: Under the 1935 law, the boy committed an offence and the girl did not.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: If I reinstated the pre-existing law, it would bring about the present situation that the boy commits an offence theoretically but the girl does not. I am providing that girls do not commit an offence so they are not stigmatised and boys, who could commit serious offences under this provision, should not be prosecuted save by the direct decision of the Director of Public Prosecutions. I will...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: It may be of assistance to the Deputy. I am trying to preserve the status quo until the House has an opportunity to work out a consensus. I will accept Deputy Jim O'Keeffe's amendment No. 19 on the sex offenders' register. I am trying to show a reasonable approach to the matter in this atmosphere.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: It is a strange one.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: With regard to transitional arrangements, the Interpretation Act is relevant if a section is repealed. For example, section 2 of the 1935 Act is to be repealed, and section 1 is already gone, as the Deputy will appreciate. Section 2 will be repealed by this Act, but it does not knock out existing prosecutions or prevent persons from being prosecuted with respect to past Acts. There is a doubt...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: There is a significant issue. The Deputy can tell his counsel friends that a significant issue exists.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: I am not disposed to accept a sunset clause. The all-party committee should try to arriveââ