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

Michael McDowell: The Bill is designed to restore in updated form the offence of unlawful carnal knowledge against a girl of 15 years or under, which was struck down by the Supreme Court. The new offences contained in the Bill protecting children against sexual abuse contain a defence of honest belief that the child had obtained 15 or 17 years as appropriate in accordance with the Supreme Court judgment....

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

Michael McDowell: I regret that but the order of the House is that I must keep speaking.

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

Michael McDowell: Section 3 replaces section 2 of the 1935 Act and sections 3(c) and (d) of the 1993 Act. It criminalises engaging or attempting to engage in a sexual act, as defined, with a child under 17 years of age. The penalty structure is analogous with the provisions in the repealed sections of the 1935 and 1993 Acts but if the offences are committed by a person in authority, the maximum penalties are...

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

Michael McDowell: Section 6 makes necessary consequential amendments to various enactments. For example, it will be possible to convict a person indicted under this Bill with another serious sexual offence where the evidence for the offence under this Bill does not warrant a conviction. Other amendments will ensure, for example, that a person convicted of an offence under this Bill will be obliged to notify...

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

Michael McDowell: ——to draw up guidelines for persons involved in video recording interviews with a complainant regarding a sexual or violent offence during an interview with a garda or other person competent for the purpose subsequently forwarded good practice guidelines to my office with related recommendations. It was my view that we needed the professional opinion and guidance of the experts in this...

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

Michael McDowell: I refer to developments since the process of consultation with Opposition Deputies yesterday. Two omissions from the legislation, which did not occur to any of us in conversation, occurred to me last night.

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

Michael McDowell: One is we had not replicated the anonymity guarantees for children who are the subject of prosecutions under the legislation, which the House will obviously want to do. In the rush to get the legislation through, nobody noted that omission.

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

Michael McDowell: I do not know why Opposition Deputies are baying. They wanted the legislation introduced on an emergency basis. Similarly, I noticed last night that the provisions relating to victims of more serious sexual offences under the law of rape whereby they cannot be cross-examined about their sexual past, except by permission of the court and with the assistance of their own counsel, have not been...

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

Michael McDowell: Amendments dealing with those two matters are being prepared and they will be tabled on Committee Stage.

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

Michael McDowell: If Deputies see anything else in this legislation that needs to be addressed, I will accept any reasonably based amendment.

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

Michael McDowell: I gave that guarantee in private and I am giving it in public today. I want to finish on this point because my time is up.

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

Michael McDowell: There are times we engage in adversarial debate in the House and I have been as good at that as many other Members.

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

Michael McDowell: I do not blame people for taking the opportunity on this issue to be critical of the Government and to demand accountability. I do not resent that activity.

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

Michael McDowell: When the dust settles and the frenzy is over——

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

Michael McDowell: ——it will be seen that my colleagues in Government, myself and the Attorney General have acted competently, honestly, truthfully and with the best interests of children in mind.

Written Answers — Garda Stations: Garda Stations (1 Jun 2006)

Michael McDowell: I have been informed by the Garda authorities that the Gardaí have been operating from the new Station at Derrinturn since yesterday.

Written Answers — Residency Permits: Residency Permits (1 Jun 2006)

Michael McDowell: The person in question made an application for residency on the basis of being a family dependent of a person who was granted permission to remain in the State as the parent of an Irish born child. The application was received in May 2006. Applications of this nature are dealt with in chronological order, in fairness to all other such applicants and currently take approximately four months to...

Written Answers — Visa Applications: Visa Applications (1 Jun 2006)

Michael McDowell: I refer the Deputy to Parliamentary Question No. 444 of Tuesday, 16 May, 2006 (ref18428/06) and the written reply to that question. There is no record of receipt to date of a new visa application from the person in question.

Written Answers — Residency Permits: Residency Permits (1 Jun 2006)

Michael McDowell: The person concerned arrived in the State on 15 March, 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 5 November, 2004, that the...

Written Answers — Garda Investigations: Garda Investigations (1 Jun 2006)

Michael McDowell: Section 4 of the Criminal Justice (Public Order) Act 2003 provides for a member of an Garda Síochána, not below the rank of Inspector, to apply to the District Court for an order to temporarily close catering premises in certain specified circumstances as defined in the Act. Section 4 of the Criminal Justice (Public Order) Act 2003 provides the procedures by which a closure order may be...

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