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

Brendan Howlin: Of the 1998 Act.

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

Brendan Howlin: Section 3 reads: (1) Any person who organises or knowingly facilitates— (a) the entry into, transit through or exit from the State of a child for the purpose of his or her sexual exploitation, or (2) Any person who— (a) takes, detains, or restricts the personal liberty of a child for the purpose of his or her sexual exploitation . . . Is the Minister saying that applies to this section?

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

Brendan Howlin: That is the very point on which I am not clear. The Minister is capturing the definition of sexual exploitation, expanding it in the last section, but applying it to a new offence.

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

Brendan Howlin: I am not concerned about that. I am applying this new broad definition to the new offence under subsection (2)(a). Is the Minister content?

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

Brendan Howlin: I shall have to think about it further. I wish we had more time to consider this matter and come back to it on Report Stage because I am not content that the broadness of the definition I am suggesting does not apply. I need to cross-reference the 1998 Act with it again. We are back to the situation we dealt with last year. On the floor of the House we are cross-referencing legislation....

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

Brendan Howlin: That is fine. I am not concerned about that.

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

Brendan Howlin: As well.

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

Brendan Howlin: No.

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

Brendan Howlin: I understand sexual exploitation to mean something.

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

Brendan Howlin: The Minister is now broadening the definition of sexual exploitation.

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

Brendan Howlin: The definition now refers to "any activity of a sexual or indecent nature". Does that include heavy petting, to which the Minister referred earlier?

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

Brendan Howlin: Where does it say that?

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

Brendan Howlin: I refer to the definition of sexual exploitation.

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

Brendan Howlin: The Bill states that "inviting, inducing or coercing the child to participate in or observe any activity of a sexual or indecent nature" will constitute sexual exploitation.

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

Brendan Howlin: To detain somebody to observe any activity of a sexual nature will constitute sexual exploitation.

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

Brendan Howlin: A blue movie.

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

Brendan Howlin: Is it not possible that the person who detains a child, or brings a child into a room, could be a child himself or herself?

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

Brendan Howlin: It could happen.

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

Brendan Howlin: I know. I am just teasing it out. Could the activity of a sexual nature involve two young people snogging?

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

Brendan Howlin: Is it not an activity of a sexual nature?

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