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Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I thank the Senators for their support.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I disagree. The intent here is to end demand.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: One tackles demand. Our effort in order to tackle demand is to criminalise the purchaser-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: -----and to decriminalise the seller in an attempt to ensure that the vulnerable seller of sexual services feels that society takes a compassionate view of the situations in which they find themselves, that support services will be available to them, that they can approach gardaí without fear of criminal sanction, that they can find a pathway out of prostitution and that the resources of...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I will outline for the House the organisations who have been involved in this campaign, who have been described as radical feminists and right-wing extremists. They include AkiDwA, Barnardos, the Children's Rights Alliance, Doras Luimní, the Dublin Rape Crisis Centre, Focus Ireland, the Immigrant Council of Ireland, IMPACT trade union, the Irish Nurses and Midwives Organisation, my...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: -----SIPTU, Sport against Racism Ireland,-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: -----Unite and Women's Aid. Rather than dismissing those groups of individuals who have come to this point of view-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: -----we should accept that they have come to this view because, like all in this House, they are trying to do what is best. I have only listed a number of organisations but they should not be dismissed as having any motive apart from what is best for those who find themselves in a very vulnerable situation. The amendment inserts a review provision into the Bill in respect of one section...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: -----in those jurisdictions where a similar approach has been implemented. For these reasons, and because of a minor drafting difficulty with the amendment, I am not in a position to accept it.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I did not say that. I said that all-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I did not say it.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I said that all legislation is kept under constant review. With regard to this amendment, it clearly has been cut and pasted from the Northern Irish legislation. The word "Assembly"-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: -----appears in the amendment and it would have to be amended before it could be considered.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I am ready for the Senator. Bring it on.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: Sections 20 and 21 provide two offences for the criminalisation of the purchase of sexual services. The first is a general offence of paying to engage in sexual activity with a prostitute and the second is the more serious offence of paying to engage in sexual activity with a trafficked person. These provisions are the result of considerable and extensive public consultation by the...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: The most direct way of combating this form of exploitation is to send a message to those who pay for these services and those who ignore the exploitation of the women and men that their behaviour is not acceptable and supports the exploitation of other people. Senator Norris raised many aspects in the debate today. He raised issues regarding the impact of the provisions, and safety, health...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I thank the Senators for the amendment. It proposes to increase the penalty for the organisation of prostitution. The Minister supports the aim of the Senators' proposal. There have been calls to review the existing penalties for offences relating to prostitution. The Minister has concerns over some penalties in this area, for example, the maximum penalty for living on the earnings of...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: I thank the Senator. The Minister appreciates the purpose behind the proposed amendment but she has initial misgivings about it. The purpose of the provisions in sections 22 and 23 is to remove the existing gender anomaly relating to the penalty for incest by a male as opposed to by a female. Otherwise, they reflect the provisions of the Punishment of Incest Act 1908. When offences of...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: It is a difficult discussion to have and I understand that it can cause great upset to people who have been victims of this offence or affected by it. In a technical sense, the offence of incest is limited to those relationships that may result in pregnancy. On that basis, sexual intercourse between two brothers would not be considered to be incest.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Aodhán Ó Ríordáin: No, the Senator is right. A female under the age of 17 years cannot commit an offence. Someone who is 16 and three quarters years of age would not be committing an offence.

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