Results 3,841-3,860 of 20,459 for speaker:Frances Fitzgerald

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Yes. It does, as amended it remains part of the Bill because it is a definition and we have to keep the definition in the Bill in order to prosecute under the next section.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: This was left out. It was a mistake. It was not copied when the Bill was presented.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 10: In page 17, between lines 28 and 29, to insert the following: “Offence against relevant person by person in authority 22. (1) A person in authority who engages in a sexual act with a relevant person shall be guilty of an offence. (2) A person in authority who invites, induces, counsels or incites a relevant person to engage in a sexual act shall be guilty...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Yes; the Deputy is right. It is a term of imprisonment of five years, but the fine has actually been increased to €22,000 on conviction on indictment. On amendment No. 13, I appreciate that Deputy Ruth Coppinger is seeking to introduce a tougher penalty for the offence of organising prostitution. I agree with her, but a specific fine of €1,000,000 would be out of step...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: It will be an unlimited fine, rather than providing for a particular amount. That is the way one draws up legislation generally, rather than setting a maximum fine, as the Deputy proposes to do in her amendment with a maximum fine of €1,000,000. I will look at the term of imprisonment and the five year tariff.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: These are cases involving organised criminal gangs that are operating internationally. It is an area the Garda investigates. The evidence in seeking a prosecution is difficult to produce, but using the Criminal Assets Bureau is an approach that can be taken in gathering evidence. I agree with the Deputy that we need to target those who organise and are behind either prostitution or...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: As strong as we can. It is the approach since the 1993 Act, which is legislation the Deputy seeks to amend. I would make the point that subsequent legislation does not put in the amount.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: The effect of this amendment is to delete paragraph (c) of section 24 of the Bill which contains an amendment to section 8 of the Criminal Law (Sexual Offences) Act 1993. Section 8 of the 1993 Act addresses persons who loiter in a public place in order to solicit or approach another person for the purpose of prostitution. It includes a provision which permits a member of An Garda...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: That is not a correct interpretation of what we are doing here. When we decriminalise persons from the provisions of the 1993 Act, this paragraph will only apply to buyers. It will not apply to the women. I stated it is also important to note that section 8 only applies to those who loiter for the purpose of soliciting another person for the purpose of obtaining that person's services....

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Amendments Nos. 14 to 17, inclusive, seek to create an exemption from the offence of brothel-keeping under the Criminal Law (Sexual Offences) Act 1993. They would, in effect, decriminalise brothel-keeping. I would have serious concern about this. The reality is that very often trafficked women are in brothels. Under the Criminal Law (Sexual Offences) Act 1993, a person who does any of the...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: We have looked at the submissions submitted by a broad range of groups. To answer the point made by Deputy Coppinger, I understand the previous committee has compiled a comprehensive report and the current Chair was a member of the committee.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Was the Chairman not a member of the committee?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Sorry, the Chairman was not a member. The committee received over 800 submissions. I am sorry for thinking that the Chairman was a member of the committee.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: There were 30 oral submissions as well. All of the different arguments were put forward to the committee. The committee made clear recommendations. We have based the legislation on the key points that were made by the committee. I met the association of sex workers. I listened to its members, talked to them and heard their point of view. I also met sex workers who, as Deputy...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: There is not much evidence of women travelling here independently and the vast majority of the available evidence supports the fact that the process of women being brought into this country and moved from town to town comes from organised criminal gangs. That is the evidence we have about prostitution in Ireland. Many of the women from international locations are not coming here of their...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I realise that Deputies have concerns regarding this section. I had a very detailed discussion with representatives of An Garda Síochána on it. Having asked them for further advice in this respect, and in light of the concerns that have been expressed by Deputies, I am happy to agree to the deletion of this section. I do not have any objections to the section being opposed.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Yes.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Yes, I will bring forward an amendment providing for the legislation to be reviewed within a shortish timeframe of two or three years.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I think such a timeframe would be too short. We need to leave an appropriate time go by. The normal review period for legislation is longer. I recognise that there are very different views in this regard. I think it would be helpful to review the legislation. I will consider the precise timeframe. I do not intend to suggest a five-year timeframe. I will propose a shorter review.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Yes.