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Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Jim Walsh: I ask that amendment No. 211 would be removed from the grouping. The other amendments cover constitutional matters and No. 211 is an issue of conscience. The amendments are in no way connected or related.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Jim Walsh: A point of order, the Senator is not speaking to the amendment.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Jim Walsh: The Senator is speaking to the section.

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (9 Dec 2015)

Jim Walsh: This causes it to be two sections.

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: Today is 10 December which is the 57th anniversary of the signing of an important document at the United Nations in 1948 - the Universal Declaration of Human Rights. There probably has not been a time when we have seen such breaches of human rights across the globe. Every day we hear stories from the Middle East and the atrocities of Daesh against minorities, in particularly Christians who...

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: I say to those who are of a pro-life disposition that perhaps it is time for us to get together and refuse to pay our RTE licence fee. It would not be my intention that the pro-abortion and pro-killing of unborn babies policy-----

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: -----which is endemic in RTE would be allowed to continue-----

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: -----in particular as we are funding the overpaid salaries in RTE. There are people who earn up to €500,000 a year for jobs that do not require a great deal of qualifications. I ask for a debate in this House on the lack of impartiality and balance in our national broadcaster. Perhaps it is time to dismantle the national broadcaster. We do not need the range of-----

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: We do not need the range of radio and television stations that it is promoting at present at significant cost to the taxpayers who support it.

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: Could I raise a point of order?

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: Could somebody please give Senator Bacik some treatment for her haemorrhoids?

Seanad: Order of Business (10 Dec 2015)

Jim Walsh: More than 1 billion babies aborted.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: With the Minister of State's amendment, we have ended up diluting what is in the Bill. Will he give us an explanation? The Bill, as published, stated, "on conviction on indictment, to imprisonment for a term not exceeding 10 years." We have diluted that to a fine or imprisonment. In other words, we are leaving it to the discretion of the Judiciary. I would be of a view that an offence...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: People should not be able to get away with a mere fine, which would not be related to the capacity to pay. It should be imprisonment, full stop. The term of imprisonment should be at the discretion of the judge. We should not remove mandatory imprisonment.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: I take the Minister's point that, in general, the option of "fine or imprisonment" applies right across all statutes. However, it is not universal within our Statute Book. If my memory serves me right there is mandatory imprisonment for offences regarding drug pushing. We have seen that sanction ignored by our Judiciary which, unfortunately, is a law unto itself when it comes to these...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: As legislators we should collectively say that this is an offence which is countenanced under no circumstances and that it is taken seriously. If a person engages in any way in this exploitation or encourages others, or engages in or encourages others to pay for or set up the exploitation - there is specific reference to the sexual exploitation of children - then one pays the price. That...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: I thank the Minister of State for his reply and explanation but neither have fully reassured me. I can understand from where he is coming a little better. This section is about obtaining or providing a child for the purposes of sexual exploitation so there is an intent. I agree in terms of the section on summary convictions, which would be dealt with in the District Court, and I have not...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: I am discussing the age of consent.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: Can I explain? I am referring to section 3(6), which deals with the age of 18 years. All I am asking is that the Minister of State, perhaps in this legislation or, if not, a future Bill, would consider having a situation where somebody of 40 or 50 years of age is regarded more seriously. The committee recommended that if there was a ten-year age gap, then the offence should be regarded...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Jim Walsh: It may be appropriate to ask the Minister of State to look at this section. There is a name on the question of an age difference, although I cannot remember what it is. It could become part of the age of consent issue and how it is framed and adjudicated by the Judiciary. I recall at committee meetings we had suggested a ten-year age gap.

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