Results 4,661-4,680 of 8,015 for speaker:Jonathan O'Brien

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: If we agree to the Minister's proposals, does this have an impact on other Acts currently legislated? For example, with regard to the whole issue of disability I know that previous legislation that dealt with capacity and people with disabilities did not require the person to have had a diagnosis or a disability to have their capacity assessed. In fact, it took the very functional approach...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: The Minister's amendment appears to confine sexual intercourse to penetrative sex but in the original Bill there was a much broader definition. What is the rationale behind that?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: If that happens the amendments tabled by Deputies Wallace and Daly automatically fall so if they wish to oppose section 20 is it correct to say they would have to oppose the Minister's amendment?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: We may look at it again on Report Stage.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I move amendment No. 7: In page 17, before line 1, to insert the following: “Sexual act with relevant person 21 (1) A person who engages in a sexual act with a relevant person knowing that that person is a relevant person or being reckless as to whether that person is a relevant person shall be guilty of an offence. (2) A person who invites, induces, counsels or incites a...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I also have an amendment, which is grouped. I am wondering if the Tánaiste-----

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I am sorry, the Chairman is correct.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I move amendment No. 12: In page 18, to delete lines 22 to 26. I will await the Tánaiste's response.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: It is quite ironic when one considers that we are putting in class E fines for individuals who pay, give, offer or promise to pay or give a person money or any other form of remuneration or consideration for the purpose of engaging in sexual activity. We will be penalising women sex workers more severely than somebody who pays. My party's position is not to criminalise women who are engaged...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I stand corrected.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I move amendment No. 15: In page 19, between lines 1 and 2, to insert the following: "(g) in section 11— (a) by designating the existing section as subsection (1), and (b) by inserting the following subsection— "(2) No person shall be prosecuted for an offence under this section where— (a) the premises is used by that person to provide his or her own sexual...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I have listened to carefully to the Minister's comments. She will find no opposition to any legislation she brings forward to eradicate trafficking and to protect women and men who are being trafficked and exploited, but there are sex workers who will continue to be involved in the industry and by not allowing them to work in pairs or groups, the Minister is endangering their safety. She...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I think the Minister has said previously that she would be willing to look at the possibility of reviewing the legislation.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: Will she confirm that she is willing to bring forward an amendment to that effect?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: The Minister may consider bringing forward something on Report Stage that would be gender neutral. I am opposing the section because it is not gender neutral and would like a new section to be brought forward on Report Stage. Obviously, I do not have the right to call a vote on the issue, but we should not support the section, although I would fully support on Report Stage a section that...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: The original 1908 definition.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: The original provision did not require life imprisonment either. It was for a term of not less than three years and not exceeding seven years, or to be imprisoned - and here one would easily know it was 1908 - with or without hard labour for any term not exceeding two years. There would still be a provision in legislation, but I would like to see the section deleted until Report Stage.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: When is Report Stage?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: I am willing to agree.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jonathan O'Brien: Yes, provided that-----