Results 4,001-4,020 of 18,761 for speaker:Michael McDowell

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: In order not to waste the time of the House I did not press it to a vote but if there are any further motions of mine to recommit there will be a vote on them. I wish to make that clear now.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I thank the Senator.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I move: "That the Bill be recommitted in respect of section 22." This effort to choke and prevent me from even asking some questions about a section about which I have never had the opportunity to speak is very undemocratic. The Leader told me he would not oppose recommital. I am not here to waste time on this issue. I want to ask some questions. Senator Ivana Bacik should know that I...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I am moving that the section be recommitted so that I can ask some questions about it. If Senator Bacik-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: ----- wants to behave like this, there will be other days.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I thank the Fine Gael Members for allowing me to ask some questions on this section. In respect of this evening's proceedings, I only now realise that a guillotine was proposed on the Order of Business. I was about half a minute late and did not hear that being proposed.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: Hold on a second. I was going to apologise.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I did not hear that happening and that may explain why my amendment to adjourn at 7 p.m. sounded a bit strange given that the Leader had sought permission to have a guillotine at 9 p.m.On a point of information, there is no guillotine. We will conclude at 9 p.m. It was agreed that we would finish at 9 p.m.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: The discussion will conclude at 9 p.m., but the question is whether all sections will be deemed to be passed at 9 p.m.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I am sorry but that is just a guillotine.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I do not care how the Leader describes it, it is a guillotine.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: If all matters are dealt with in the form of a single question at 9 p.m., that is my definition of a guillotine. I am not going to get involved in semantics. I assure Senator Bacik that I am genuinely inquisitive as to why it is the case that in section 22 a relevant person is defined as somebody who has:(a) a mental or intellectual disability, or (b) a mental illness, which is of such a...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: In this instance, what is and what is not a defence is stated. The fact that consent was apparently given is not acceptable in cases where the relevant person is defined as being an individual who has a mental or intellectual disability or a mental illness which is of such a nature as to severely restrict the ability of the person to guard himself or herself against sexual exploitation....

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I fully take the Minister of State's point that this particular offence under section 22 is concerned with people in authority. One might consider that a person in authority is under a higher duty when it comes to protecting an individual suffering from mental disability and under his or her authority from engaging in sexual activity with him or her. The point I am making, is that it is the...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I know. The Senator was dealing with a different section. However, in one case, namely, murder, if at the end of the prosecution case the jury has a reasonable doubt, not withstanding the presumption present, one is entitled to be acquitted. Here we are dealing with a different standard of proof, not reasonable doubt; here we are dealing with balance of probabilities. One must establish...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: Regardless of where the section came from, it has been recommitted and we are discussing it now, despite the efforts to stop me recommitting it. I am just making the point that it is strange that the standard of proof and the defence in the case of a person in authority sexually exploiting a person with a mental disability or illness seem to be lower, and there seems to be a lower procedural...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: Considering these two sections side by side, a person in authority is entitled to a better defence than a person who is not in authority under section 21. This is a strange thing to happen. If we did not face a guillotine and if we had the right to propose substantial amendments to the Bill and bring some rationality to it, surely we should provide that a person in authority faces a stiffer...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: A more serious offence is harder to prove.

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: The definition of a protected person in section 21 is "a person [who] lacks the capacity to consent to a sexual act [because] he or she is, by reason of a mental or intellectual disability or a mental illness, incapable of - (a) understanding the nature, or the reasonably foreseeable consequences, of that act, (b) evaluating relevant information for the purposes of deciding whether or not to...

Seanad: Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages (14 Feb 2017)

Michael McDowell: I do not want to waste any further time on it because I can see that a different standard of proof has been applied for the two situations. Curiously, when one looks to the definition of the people who are to be protected from these crimes there is a further difference. A person could be in one category and not in the other. To be incapable of understanding the nature of reasonably...