Results 8,801-8,820 of 18,761 for speaker:Michael McDowell

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: That brings me to another issue.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: This legislation is being brought through in rapid order. Ten days ago when I said I would like two weeks to get the legislation through I was told no, it must be done now. I was told I was living on another planet and did not understand the gravity of the situation.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I was told that at great length but the fact is that this legislation is important. Even if it was a temporary provision, it would be an important Act.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I have done my best to listen to all the views of all the justice spokespersons. I have not been able to accept them all but I met them on several occasions to try to get an understanding of where the consensus of opinion lies on this issue in this House, it not being matter on which any of us sought an electoral mandate which divides us. There is a clear division of views in the House. Some...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: ——in those circumstances it would be an offence for a boy to have sexual intercourse with a girl at the age of 16 and a half years but not for the girl. Questions have been put——

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Why is Deputy Burton shouting me down yet again?

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Questions have been asked about section 5. The Director of Public Prosecutions and the Attorney General conferred on the Bill. The gist of the DPP's strong view was that it was all very well from the point of view of political correctness to have gender neutrality, but that if we did not make special provision for young females it would result in substantial ongoing injustice in that young...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I will not take responsibility for criminalising for the first time in the history of the State a young girl for being a mother.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: If I had taken the advice of two political parties, which was to reinstate the law as it was, the boy would commit an offence and the girl would not.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I do not know what amendments are being produced. As far as the Government is concerned, we have inserted a counter-balancing measure, which provides that the DPP must consent to a prosecution of a boy of that age. The DPP, considering the preamble to the Constitution about justice and charity, will not, in those circumstances and using his common law discretion, prosecute the boy where he...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I did not say that.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: The Attorney General consulted the DPP, who warned against having a strictly gender neutral approach to this and warned of the consequences——

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I formulated section 5 at a meeting of Government. The notion that Fianna Fáil members went into a room and came back with the section is a falsehood. The Deputy can believe it all he likes but it did not happen. It has been suggested that instead of decriminalising all teenage sex, lesser penalties should be provided. A District Court fine of, say, €1,000 has been mentioned.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: The Deputy may think it is nonsense but I have heard this suggested.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Does the Deputy want to know? I will not comment further. I am being honourable and truthful and I am sticking to my undertakings. If the Deputies asked their party colleagues, they would shut them up rapidly.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: It has been suggested that we should have some very light penalty, in the form of a fine only, for teenagers who engage in consensual sex. I will not go down that road for two reasons. First, it would stigmatise unmarried mothers for the first time and, second, even though it would be gender neutral, it would be ineffectual because to fine teenagers €500 , €1,000 or whatever else for...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Deputy Jim O'Keeffe should let me finish. Where are working class children to find the money to pay fines if we have a special provision to fine teenagers for having consensual sex, and what will happen to them if they do not come up with the money?

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: The Deputies should hold on. They do not have to shout all the time.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I am not.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Deputy Joe Higgins evidently believes this proposal was not made. It was made to me.