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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”.

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

Frances Fitzgerald: I move amendment No. 40:In page 27, line 14, 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. 41:In page 27, line 20, 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. 42:In page 27, line 37, to delete “trial” and substitute “criminal proceedings for which the record has been disclosed”.

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

Frances Fitzgerald: I move amendment No. 43:In page 27, line 38, to delete “(11) The” and substitute “(13) The”.

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

Frances Fitzgerald: I move amendment No. 44:In page 27, line 40, 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. 45:In page 28, line 1, to delete “(12)(a) Subject” and substitute “(14)(a) Subject”.

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

Frances Fitzgerald: I move amendment No. 46:In page 28, line 7, to delete “(13) For” and substitute “(15) For”.

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

Frances Fitzgerald: I move amendment No. 47:In page 28, line 7, 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. 48:In page 28, line 11, to delete “(14) In” and substitute “(16) In”.

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

Frances Fitzgerald: I move amendment No. 49:In page 28, line 16, to delete “(15) This” and substitute “(17) This”.

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

Frances Fitzgerald: I move amendment No. 55:In page 33, between lines 6 and 7, to insert the following: “Amendment of Act of 1990 47.The Act of 1990 is amended by the substitution of the following section for section 9: “9.(1) A person consents to a sexual act if he or she freely and voluntarily agrees to engage in that act. (2) A person does not consent to a sexual act if-(a) he or she permits...

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

Frances Fitzgerald: I move amendment No. 56:In page 34, to delete lines 1 to 22 and substitute the following: “Amendment of Act of 2001 49.The Act of 2001 is amended-(a) in section 29, by the insertion of the following subsection:“(6) In addition to the conditions referred to in subsection (1)(b), a sentence involving post-release supervision imposed after the commencement of this subsection...

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: 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...

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