Results 17,241-17,260 of 20,459 for speaker:Frances Fitzgerald

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: The Deputy's amendment proposes the removal of the section.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: Yes, but that would not achieve what the Deputy has spoken about. The penalty would be left as a life sentence for the male. On the point Deputy made, his amendment would not result in making that change. I would just make that point.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: However, it would not change it for the male and we would revert to the earlier Act. I am just pointing that out. It is a very complex area of law dealing with very complex family situations. I would be concerned that there would be unknown or unintended consequences in amending this area of law in the manner suggested. I would ask the Deputy to take on board what I have said with...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 26:In page 22, between lines 21 and 22, to insert the following:“Amendment of section 1 of Act of 1992 33. Section 1(4) of the Act of 1992 is amended in paragraph (a) by the substitution of “(except sections 14A, 15, 16(1)(b), 18 and 19A)” for “(except sections 15, 16(1)(b) and 18)”.”. This amendment amends the interpretation...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: Amendment No. 27 removes the age restriction from the proposed section 14A to the Criminal Evidence Act 1992, which allows for evidence to be given from behind a screen by a person under the age of 18 years. In this case the provision will apply to complainants and witnesses under that age recognising the special protection that should be afforded to children. A similar provision is to be...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: The Deputy should accept that this will be dealt with in all its complexity in the Criminal Justice (Victims of Crime) Bill 2016, which will be here this term. That is the appropriate place to deal with her suggestion. We are doing it here for children, those younger than 18 years, and there are issues that arise in respect of witnesses. I take the Deputy's point about victims and giving...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 28:In page 26, between lines 19 and 20, to insert the following:“(5) Where no disclosure application has been made by the accused in respect of a counselling record under subsection (3) and the prosecutor believes that it is in the interests of justice that the record should be disclosed, the prosecutor may make a disclosure application in writing to the court....

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I remind Deputy Coppinger that the prosecution receives these records as part of the criminal investigation when it is making a decision on whether prosecution should take place. The concern that an accused may seek to delay a trial by not making an application is something that needs to be considered as well. One of the concerns I have with Deputy Shortall's amendment No. 50 relates to...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: In response to Deputy Jonathan O'Brien, the issue of competence to testify was removed on Committee Stage and is gone. In regard to Deputy Coppinger's point, there has been a lot of discussion about this whole issue of counselling records. The reality of what has been happening in recent times is that there has been no regulation in this regard. Records have been requested but, because...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 29:In page 26, line 20, to delete “(5) The” and substitute “(7) The”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 30:In page 26, line 23, to delete “(6) The” and substitute “(8) The”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 31:In page 26, line 27, to delete “(7) The” and substitute “(9) The”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 32:In page 26, line 30, to delete “subsection (6)” and substitute “subsection (8)”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 33:In page 26, line 31, to delete “(8) In” and substitute “(10) In”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 34:In page 26, line 31, to delete “subsection (6)” and substitute “subsection (8)”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 35:In page 26, line 33, to delete “subsection (9)” and substitute “subsection (11)”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 36:In page 27, line 7, to delete “(9)(a) Subject” and substitute “(11)(a) Subject”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 37:In page 27, line 7, to delete “subsection (10)” and substitute “subsection (12)”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 38:In page 27, line 8, to delete “subsection (6)” and substitute “subsection (8)”.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 39:In page 27, line 14, to delete “(10)(a) Where” and substitute “(12)(a) Where”.