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Written Answers — Child Care Services: Child Care Services (4 Mar 2008)

Brendan Smith: I propose to take Questions Nos. 306 and 307 together. As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP) which replaced the Equal Opportunities Childcare Programme 2000-2006 (EOCP), which was also administered by my Office. I understand that the Group in question received capital funding totalling €1.16 million under the...

Written Answers — Child Care Services: Child Care Services (28 Feb 2008)

Brendan Smith: As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP) which, together with the earlier Equal Opportunities Childcare Programme 2000-2006 (EOCP), are implemented by the Office of the Minister for Children. The main supports the Government makes available to parents to assist them with their childcare costs are Child Benefit and the...

Seanad: Respite Care (27 Feb 2008)

Brendan Smith: I thank Senator Buttimer for raising this important issue. I am taking this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Harney. As Senator Buttimer knows, St. Laurence Cheshire Home is part of the national group Cheshire Ireland. The facility provides long-term residential accommodation for 30 people with a disability. Three respite care beds...

Seanad: Respite Care (27 Feb 2008)

Brendan Smith: The Minister of State with responsibility in this area, Deputy Devins, is unavoidably absent as he is away on Government business. However, I will bring the Senator's comments to the Minister of State's attention upon his return.

Written Answers — Children in Care: Children in Care (26 Feb 2008)

Brendan Smith: The Deputy's question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Written Answers — Health Service Reports: Health Service Reports (26 Feb 2008)

Brendan Smith: The HSE commissioned a report into the matter that the Deputy refers to in July 2007. A Report from the Review Inquiry Team has been received by the HSE. As is usual in such cases, the Report is currently undergoing legal examination. The report was conducted in line with the Terms of Reference and Methodology agreed and published at the time of its initiation. Subject to this legal...

Written Answers — Child Care Services: Child Care Services (26 Feb 2008)

Brendan Smith: The Deputy's question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Written Answers — Health Service Reports: Health Service Reports (26 Feb 2008)

Brendan Smith: The HSE commissioned an external expert to undertake a review of the HSE's involvement in this case and to prepare a report on the matter. Work on the formal report has commenced. The HSE has advised that the report will be finalised around the end of the first Quarter, 2008. The HSE has further advised that a decision on whether the report will be made public will be taken upon receipt of...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: Senator O'Toole asked about public places, which is defined in the introduction to the Criminal Law (Sexual Offences) Act 1993. Senator Mullen thought I did not refer to the Swedish Government. I did of course. I referred to the Swedish Government before I referred to the commentary of the anthropologist. The Swedish Government estimates that the number of prostitutes in Sweden has dropped...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: This is simply a drafting amendment. In the present draft the Short Title and commencement section is at the beginning of the Bill. Apparently, it is more usual to put such a section at the end, as the last section, and that is achieved in this amendment.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: One of Senator Joe O'Toole's final points asked if there is an offence with regard to the client. The Criminal Law (Sexual Offences) Act 1993 makes it an offence to solicit in public for the purposes of sex. The prostitute, client, pimp or other third party can commit the offence. If Senators have an opportunity to refer to the Criminal Law (Sexual Offences) Act 1993, there are a number of...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I did, I mentioned a client.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: To clarify for Senator O'Toole, the Criminal Law (Sexual Offences) Act 1993 makes it an offence to solicit in public for purposes of sex. The prostitute, client, pimp or other third party can commit the offence.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I understand that. I emphasised the provision was in public. That is the provision of the 1993 Act. Senator O'Toole asked if there was a provision for the client to commit an offence. That provision exists in the 1993 Act.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I said "in public". That provision exists. Different sections of the 1993 Act refer to soliciting or importuning for purposes of prostitution, loitering for purposes of prostitution, organisation of prostitution, living on earnings of prostitution and brothel keeping. There are other aspects as well but they were the first few I could point out that are relevant to some of the issues that...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I will refer to it in a moment. She states that no one knows if there are fewer prostitutes. That is not surprising as the law could only serve to drive prostitution underground. It has been said that some of the neighbouring countries complain about an increase in the demand for prostitutes in there. The question is extremely complex. One former prostitute is quoted as saying that...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I referred the Senator to the 1993 Act from which he has quoted in answer to the question he raised, that a client could not be convicted. The Act refers clearly to the fact that a client soliciting in public can be convicted and the Senator has read out the section dealing with that. I did not say this Act dealt with all the issues that Senator Mullen raised. I quoted the lines Senator...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: It can be any of the three, the client——

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: ——the prostitute, the pimp or a third party. That is contained in the provisions in the Bill which the Senator will see if he has an opportunity to go through them again.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: No it can mean the person seeking to purchase as well.

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