Results 1,561-1,580 of 12,487 for speaker:John O'Donoghue
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: So should Deputy Howlin.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: Only a Sinn Féin man could come out with that.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: That is an extraordinary statement.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: The founding fathers of this State, through the Sexual Offences Act 1935 dealing with the question of unlawful carnal knowledge of a girl under the age of 17 or a girl under the age of 15, in their wisdom decided that a defence by an accused person to the effect that he honestly believed the girl was older would not stand. That continued to be the position in the intervening decades. It is...
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: Nobody sought to suggest that it should be amended in a constitutional context on the basis that such a defence should exist. When the matter came before the Supreme Court, it decided that this defence should, in fact, be available to an accused person.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: It has been bandied about the House and the country over a number of weeksââ
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: ââthat the Attorney General and the Minister for Justice, Equality and Law Reform should have been aware of what the Supreme Court decision would be, and that, if they had been so aware, they could have enacted legislation and somehow prevented the release of any prisoner. Let us nail that lie first.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: It is misrepresentation of the most vile kind and must be called what it is.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: The situation is quite straightforward.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: No legislation brought forward by the Attorney Generalââ
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: ââthe Minister for Justice, Equality and Law Reform or anybody in this Houseââ
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: ââcould correct the position in so far as those who had been convicted under section 1(1) of the 1935 Act were concerned.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: It is not the case that any Deputy could have credibly come in here and suggested to the Irish people that the law be amended and weakened without being reviled by everybody in society for seeking to put young girls under threat. That is the truth. Let there be no denying that.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: That is the truth. There is no point in trying to pretend to the public that it was possible to introduce retrospective legislation.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: There is no point in trying to pretend to the public that it was the decision of the Government that the law was unconstitutional, or that it was the decision of the Government to release any prisoner.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: That was not the decision of the Government.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: Under the Constitution, it is the case that there is a separation of powers. It is the case that the courts interpret the Constitution and it is the case that the courts decide whether a prisoner should be released, in accordance with the same Constitution.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: It is the function of this House and has been the function of this House over many years to seek to correct lacunae in the law where they exist. It was not possible and it could not be possible for any Minister for Justice, Equality and Law Reform or any Attorney General to pre-empt what would be the decision of the Supreme Court.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: It is and was the duty of the Attorney General and it is and was the duty of the Minister for Justice, Equality and Law Reform to introduce legislationââ
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
John O'Donoghue: ââfollowing the Supreme Court judgment with a view to correcting the position in the interests of society. In so far as that could be done, the legislation before the House today does precisely that.