Results 2,981-3,000 of 4,915 for speaker:Jim O'Keeffe

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

Jim O'Keeffe: We are anxious to produce proper legislation and a certain amount of time is necessary in that regard. The Minister may have noticed that a number of my colleagues on this side of the House did not contribute to the debate on Second Stage. A number of them stated that they wished to speak on the Bill but they did not have sufficient time to study its provisions. It is a great pity that it...

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

Jim O'Keeffe: I did not have an opportunity to table amendments and I will, therefore, make any points I wish to make in respect of the various sections. Will the Minister indicate when the act of solicitation or importuning actually occurs? At what stage does an offence arise? What requirements must be met in the context of proof in order to bring a charge — such a charge will now be indictable — of...

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

Jim O'Keeffe: On the issue of prostitution, I take it that relates to the payment of money or money's worth.

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

Jim O'Keeffe: Definitely.

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

Jim O'Keeffe: On whom is the onus of proof?

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

Jim O'Keeffe: A different situation would arise when one would meet that person.

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

Jim O'Keeffe: This is an important area. In terms of the pendulum, on one side could be a situation in which the accused is not even allowed to plead an honest mistake.

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

Jim O'Keeffe: That has been declared unconstitutional. However, the other side is that the entire onus is on the prosecution to prove guilt beyond reasonable doubt. In terms of this Bill and this area of the law, a middle ground could be found that is much fairer and does not debase the fundamental principles of our legal system. That might require the prosecution to make a prima facie case which the...

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

Jim O'Keeffe: There may be a subjective or objective test as to whether the accused had an honest belief or took some care to ascertain the age of the victim. That territory should be further explored from the point of view of delineating its limits.

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

Jim O'Keeffe: A trial might not go as far as a decision by a jury if the prosecution could not prove beyond reasonable doubt an honest mistake was not made because there would probably be a direction to acquit.

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

Jim O'Keeffe: This section epitomises the point made earlier regarding patchwork quilts. Subsection (4), which amends the Civil Legal Aid Act, states: Section 26 of the Civil Legal Aid Act 1995 is amended, in subsection (3)(b), by the substitution of "an offence under section 6 (inserted by section 2 of the Criminal Law (Sexual 35 Offences)(Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act...

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

Jim O'Keeffe: Is Deputy Howlin sure it plugs the gap?

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

Jim O'Keeffe: Reluctantly.

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

Jim O'Keeffe: The same remark applies to this section as the previous one.

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

Jim O'Keeffe: I can only say I would not like any of my daughters, aged 16, to be involved in heavy, light or any other petting with a 55 year old man.

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

Jim O'Keeffe: On this issue, my support swung from one side to the other depending on who was speaking. I could understand from where Deputy Howlin was coming and his anxiety to protect young boys, yet there is the view that whatever we do should be gender neutral as far as possible. I will stay out of it on this issue.

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

Jim O'Keeffe: I am genuinely not sure what is the correct approach. It indicates these are issues we should explore in much greater detail and on which we should take much more advice if we are to get the best answer. This short discourse will not produce the type of circumstance to enable us to get the best answer.

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

Jim O'Keeffe: I considered the part of the United Kingdom Act that formed the basis for the Fine Gael Bill to be fairly clear and explicit and that it almost could be adopted as it stood in its entirety. As mentioned earlier, I am prepared to take on board the technical changes suggested by the Tánaiste. However, I am unsure whether this section of the United Kingdom Act translates readily into Irish...

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

Jim O'Keeffe: It is quite difficult to interpret.

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

Jim O'Keeffe: It is quite opaque.