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

Brendan Howlin: Section 3 reads: (1) Any person who organises or knowingly facilitates— (a) the entry into, transit through or exit from the State of a child for the purpose of his or her sexual exploitation, or (2) Any person who— (a) takes, detains, or restricts the personal liberty of a child for the purpose of his or her sexual exploitation . . . Is the Minister saying that applies to this section?

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

Brendan Howlin: That is the very point on which I am not clear. The Minister is capturing the definition of sexual exploitation, expanding it in the last section, but applying it to a new offence.

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

Brendan Howlin: I am not concerned about that. I am applying this new broad definition to the new offence under subsection (2)(a). Is the Minister content?

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

Brendan Howlin: I shall have to think about it further. I wish we had more time to consider this matter and come back to it on Report Stage because I am not content that the broadness of the definition I am suggesting does not apply. I need to cross-reference the 1998 Act with it again. We are back to the situation we dealt with last year. On the floor of the House we are cross-referencing legislation....

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

Brendan Howlin: That is fine. I am not concerned about that.

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

Brendan Howlin: As well.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)

Brendan Howlin: I do not believe the Minister does either.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)

Brendan Howlin: What happens when we change the Constitution to put in the ability to have a zone of absolute protection?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)

Brendan Howlin: Can we alter that order because we are running early?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)

Brendan Howlin: That is fine.

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

Brendan Howlin: I support the general principle that this is a difficult way to make law. When the Labour Party pointed out the loophole last week the Minister acknowledged fairly speedily that it needed to be addressed and we want to facilitate it. The Minister has chosen yet again to go further than simply plugging a loophole. I do not wish to sound smart but lifting a portion of the Fine Gael Bill and...

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

Brendan Howlin: Did the Minister obtain an explanation as to why the number of prosecutions began to fall?

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

Brendan Howlin: It is fair to ask why it happened.

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

Brendan Howlin: There are 70 years' worth of Acts.

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

Brendan Howlin: I move amendment No. 1: In page 3, line 30, to delete "inserted" and substituted "as substituted". This amendment is merely technical in nature. I do not propose to delay proceedings and I merely offer the wording in the amendment as a better alternative to that contained in the Bill.

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

Brendan Howlin: There were more than 30 convictions in 2000.

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

Brendan Howlin: Were the children prosecuted?

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

Brendan Howlin: There cannot have been that many. I would have thought that it might be children——

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

Brendan Howlin: The point I made is that it never had that meaning.

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

Brendan Howlin: The position was crystal clear after 2001.

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