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Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: Now we are talking about the courts interpreting it. I will leave others speak. I genuinely believe my interpretation — as it was last year denied by the Minister and proved to be right — is right in this case now.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I did not say that.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I believe my view is right but I will not press the amendment.

Written Answers — Trade Missions: Trade Missions (6 Mar 2007)

Brendan Howlin: Question 102: To ask the Minister for Enterprise, Trade and Employment if he will report on plans for a trade mission to Kazakhstan in 2007; if it is intended that there will be a Ministerial delegation as part of this trade mission; the estimated cost of this trade mission; his goals and targets for the trade mission; and if he will make a statement on the matter. [8327/07]

Written Answers — Migrant Workers: Migrant Workers (6 Mar 2007)

Brendan Howlin: Question 113: To ask the Minister for Enterprise, Trade and Employment his views, in view of the stark difference in the number of work permits issued to Romanian and Bulgarian nationals as against the number of PPS numbers issued to Romanian and Bulgarian nationals in 2007, on whether there is a significant problem of so-called false contracting being used to exploit such workers; the steps...

Written Answers — Television Licences: Television Licences (6 Mar 2007)

Brendan Howlin: Question 328: To ask the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that full year, full cost radio/television licences must be obtained in respect of caravans and holiday homes even where such premises are used for only a number of weeks in the year; his views on arranging such licensing where appropriate on a part year basis at pro...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I do not know how it sounds to the Minister but the notion of a 36 year old man engaging in the type of activity he described with a 16 year old girl is not acceptable either.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: Should we consider including that protection for boys and girls up to the age of 17?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: The bottom line is whether the Minister is happy to leave both boys and girls aged 15 in that situation. That is what doing nothing achieves. Is that where we will leave it?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I have earned my parchment.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: That is an unfair point.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I am very strongly of the view that this matter has created a lacuna in the law. I am impressed by the Minister's explanation. There is a requirement that the law should be as gender neutral as possible. The Minister made the exception last year in regard to pregnant girls. We cannot always follow that general principle. We will have to return to this issue. In the meantime, I will not...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I move amendment No. 3: In page 5, paragraph (a), between lines 35 and 36, to insert the following: "(1A) (a) A person commits an offence if— (i) he or she intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and (ii) doing it will involve the commission of an offence under the...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: One could have e-mails.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I take much of what the Minister stated on this area. All the talk about Deputy Jim O'Keeffe's Bill and the Minister's acceptance of it has been on outlawing the crime of grooming. In fact, the section does not do this — it outlaws grooming and travelling. However, grooming a child for sex is not an offence and will not be after enacting this Bill unless it is followed up by someone...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I do not know if the Minister wishes to comment. He has indicated that he has published the heads of the Bill.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I move amendment No. 4: In page 5, lines 38 to 40, to delete all words from and including ", having" in line 38 down to and including "occasions" in line 40. It is not clear why it is necessary to have prior communication on two occasions. Did the Minister pick that number for a reason or would one occasion be sufficient? Is it there because a mistake could be made by an individual who...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: Why would that be?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: I can see how that would be very helpful to the prosecution in getting a conviction. If somebody made contact with a child abroad and explicitly sought to plan a rendezvous for a sexual encounter, before travelling and having the encounter abroad, no offence would be committed unless it was done more than once.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Brendan Howlin: Yes, if they actually had sex.

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