Results 13,041-13,060 of 18,736 for speaker:Michael McDowell
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: We cannot wear blinkers on this.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: We should be honest. If we are to codify the law we must deal with all of these issues.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: If we are going to have a zone of absolute protection we must revisit all these issues. If we are going to have a referendum we will also have to deal with them. We are now dealing with the situation which occurred last Thursday in this House and I am trying to deal with it. I am not dealing with a future situation, which will occur after a referendum.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: In person.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Yes.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: No one is scapegoating the Internet but it has considerably greater potential. Chat rooms do not exist on telephones except in a different sense.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Those rooms are rare. One is traceable if one participates in a chat room. Parents who are afraid for their children can control a great deal, but unless they sit behind the children while on-line, they cannot determine what sites are being visited and what is being said. There is a heightened risk. I take Deputy Lynch's point that irrespective of the Internet, a determined paedophile can...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: It is important that we look at the whole of section 3 of the Child Trafficking and Pornography Act 1998. It reads: (1) Any person who organises or knowingly facilitatesâ (a) the entry into, transit through or exit from the State of a child for the purpose of his or her sexual exploitation, or (b) the provision of accommodation for a child for such a purpose while in the State, shall be...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Subsection (2) refers in paragraph (a) to a person who takes, detains or restricts the personal liberty of a child for the purpose of his or her sexual exploitation, in paragraph (b) to a person who uses a child for such a purpose, and in paragraph (c) to a person who organises or knowingly facilitates such taking, detaining, restricting or use. Such a person shall be guilty of an offence...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: The point I am making is that the preceding sections require one to take, detain or restrict the personal liberty of a child for the purpose of his or her sexual exploitation. It is not just a matter of turning on a blue movie in a room or something similar.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: It meansââ
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: No, it means to take control of a child. I do not believe a child turning on a blue movie in front of another child would commit that offence.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Does the Deputy mean by restricting the personal liberty of his children for the purpose of so doing?
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I shall deal with Deputy Howlin's question. There is the insertion of a new subsection (3) in section 3 of the Act. I do not know whether the Deputy has the 1998 Act to hand.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I can send a copy over to him and perhaps he can see what I am talking about.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I read from subsections (1) and (2) of section 3.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Yes, correct.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: It is purely a drafting matter.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: The point I am making to Deputy Howlin is that under the 1998 Act, section 3 provides a definition of sexual exploitation. The term "sexual exploitation" is used in section 3(1)(a) and section 3 (2)(a).
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I am saying subsection (3) defines what sexual exploitation means. In this instance we are widening the definition of sexual exploitation, but it is only relevant to those committing an offence under the preceding subsections.