Results 6,721-6,740 of 11,114 for speaker:Damien English

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: This was done in the Seanad.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: I would just like to provide some clarity. This is an issue on which we took a lot of legal advice from the Attorney General. We are very clear on the legal advice. It did change in the Seanad. The Minister addressed it and spoke to the Dáil on it, as well as on Committee Stage, but the change was made here. I say this as a point of clarity if it helps with the debate. The proposed...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: There are some concerns about the language used. It is in line with the UN Convention on the Rights of Persons with Disabilities. It involves full participation in society by persons with disabilities, as well as appropriate protection for those who lack the capacity to consent to such an act owing to the nature of their disability. The amendment will include the required provision. This...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: The amendments in group 4 are intended to fully ensure the necessary protection from exploitation by persons responsible for the welfare, care and supervision of certain persons with disabilities. They create an offence of engaging in a sexual act with a relevant person. For this purpose, a relevant person is a person with a disability which is of such a nature or degree as to severely...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: I have already spoken.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: For good reason.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: The nub of the matter relates to the difference in the relationship. That is what we are trying to reflect. Section 21 reverses the burden of proof on to the defendant and, therefore, a reasonable doubt is sufficient to remove that burden. Under that section, it is only necessary to establish a reasonable doubt. It is a different relationship between a person who is in authority on foot...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: It is a more serious offence.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: I take the point the Senator makes and I have addressed it. I probably failed to make the point that the standard is different because a more serious offence is in question. That is what it is about. Furthermore, this is in line with provisions in the Criminal Law (Sexual Offences) Act 2006 to deal with underage people. The provision is carried over from the 2006 Act.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: It is a more serious offence; it is not necessarily harder to prove. The reason is the serious nature of the crime due to the high level of responsibility. This is in line with another very serious Bill concerning underage people from which the provision was carried over.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: The capacity to consent in section 22 is not the relevant part. It is about the relationship. Again, it pertains to offences concerned with a breach of trust and a risk of exploitation. The person was in a position of responsibility, under a contract of service. What we are trying to protect here is the breach of trust. It concerns the relationship between the parties; that contracted...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: It is beyond reasonable doubt.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: Senator Mullen may not have been present earlier when we dealt with that section, so if he would like clarity I can explain section 21 again. The proposed section 21(3) states, "In proceedings for an offence under this section, it shall be presumed, unless the contrary is shown, that the defendant knew or was reckless as to whether the person against whom the offence is alleged to have been...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: I will repeat it again. The capacity to consent is not relevant here. The breach of trust is the key part here, and that is what the focus is on. That is the difference. Sections 21 and 22 are different. It is the breach of trust we are trying to focus in on here.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: This concerns contracted service.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: That is what it is at. It is not an error.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: The Senator is making the point that it is an error. I spoke earlier on both of these. To put Senator Mullen at ease, legal advice was taken on both definitions from the Attorney General. We also had a serious debate on section 21 earlier. We are very clear on this. It is a very serious offence with serious consequences. The strict liability is part of that and that is why it is a lower...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: I will try to explain as best I can. We are trying to introduce protection because a person is under the care of contracted person with responsibility.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: It is fair to say that in some situations there could possibly be consent and that is recognised. We are trying to do all we can to protect them. That is why it is a slightly lower offence. The Senator has practised criminal law. It is possible that there was consent. We have to try to protect the person who is under the care of somebody else. That is what we are trying to do here and...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Damien English: It reflects the relationship that was there. We are trying to protect the person in authority. We recognise there is potential for consent because there could be a long-term relationship there, although it is with someone in authority. We have to allow for that. If there was a lack of capacity for consent, it could also be prosecuted under section 21. There is a logic behind it. It has...