Results 9,961-9,980 of 18,761 for speaker:Michael McDowell

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: That is for a child under the age of 15 years. Regarding gross indecency for children over 15 years of age, will the Deputy draw my attention to any statutory provision which states consent is not a defence?

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: There is no point in debating this now. I will concede to the Deputy if he can find any statutory basis that states a 15 and a half year old boy is precluded from consenting to an act of gross indecency.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Yes, it never has been according to the advice I am getting.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: No it was not. Consent——

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: We will not solve this problem now. There is a difference of opinion on this issue.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I accept it is a problem. We do not agree on the law.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: That brings me to another issue.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: This legislation is being brought through in rapid order. Ten days ago when I said I would like two weeks to get the legislation through I was told no, it must be done now. I was told I was living on another planet and did not understand the gravity of the situation.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I was told that at great length but the fact is that this legislation is important. Even if it was a temporary provision, it would be an important Act.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I have done my best to listen to all the views of all the justice spokespersons. I have not been able to accept them all but I met them on several occasions to try to get an understanding of where the consensus of opinion lies on this issue in this House, it not being matter on which any of us sought an electoral mandate which divides us. There is a clear division of views in the House. Some...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: ——in those circumstances it would be an offence for a boy to have sexual intercourse with a girl at the age of 16 and a half years but not for the girl. Questions have been put——

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Why is Deputy Burton shouting me down yet again?

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Questions have been asked about section 5. The Director of Public Prosecutions and the Attorney General conferred on the Bill. The gist of the DPP's strong view was that it was all very well from the point of view of political correctness to have gender neutrality, but that if we did not make special provision for young females it would result in substantial ongoing injustice in that young...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I will not take responsibility for criminalising for the first time in the history of the State a young girl for being a mother.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: If I had taken the advice of two political parties, which was to reinstate the law as it was, the boy would commit an offence and the girl would not.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I do not know what amendments are being produced. As far as the Government is concerned, we have inserted a counter-balancing measure, which provides that the DPP must consent to a prosecution of a boy of that age. The DPP, considering the preamble to the Constitution about justice and charity, will not, in those circumstances and using his common law discretion, prosecute the boy where he...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I did not say that.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: The Attorney General consulted the DPP, who warned against having a strictly gender neutral approach to this and warned of the consequences——

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I formulated section 5 at a meeting of Government. The notion that Fianna Fáil members went into a room and came back with the section is a falsehood. The Deputy can believe it all he likes but it did not happen. It has been suggested that instead of decriminalising all teenage sex, lesser penalties should be provided. A District Court fine of, say, €1,000 has been mentioned.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: The Deputy may think it is nonsense but I have heard this suggested.