Results 5,581-5,600 of 18,728 for speaker:Michael McDowell

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: The particular section with which we are dealing was tendered as an amendment by the Labour Party in the Dáil yesterday. It is modelled on section 14 of the UK Sexual Offences Act of 2003. Fine Gael's Private Members' Bill incorporated into Irish law section 15 of that Act, but section 14 of the UK Act is the one with which we are dealing. I have to reject it for a number of reasons which...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: Nobody is perfect in all of this but I do not think he is correct on this one. In regard to the Child Trafficking and Pornography Act and the Sex Offenders Act, there is provision for extra-territorial offences to be committed. A person in Ireland who aids and abets the commission of an offence under those Acts commits an offence in this country. I cannot accept the amendment because of...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: This was a point that came up in the Dail yesterday. The Fine Gael Private Members' Bill was a very narrow Bill which was composed of two elements. It was obvious that the UK legislation was examined and one section was chosen as having potential for use in Ireland. Section 14, on which this amendment is based, is problematic. I wish to produce a proper grooming offence which is well...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: Last July the Government approved the scheme of a Bill that involves a general offence of grooming. The Department is working on it, in conjunction with the Office of the Attorney General. I had hoped it would be published by now but other matters have held it back. I commend Fine Gael on not taking all of the UK legislation and using it in its Private Members' Bill because some of it is...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: The Long Title of the Child Trafficking and Pornography Act states: "AN ACT TO PROHIBIT TRAFFICKING IN, OR THE USE OF, CHILDREN FOR THE PURPOSES OF THEIR SEXUAL EXPLOITATION AND THE PRODUCTION, DISSEMINATION, HANDLING OR POSSESSION OF CHILD PORNOGRAPHY, AND TO PROVIDE FOR RELATED MATTERS." The overall purpose of the Act, as stated in the Long Title, must be considered when one examines the...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: If we wish to stop a dirty old man bringing a child to a room and putting on a blue movie or bringing a child to a room to show a couple engaged in sexual intercourse, we must have a law to do so. It is not easy. I genuinely believe that no court would consider that an offence of sexual exploitation was committed in the circumstances described by Senator Ryan. For this section 2A offence...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: It is deeper than that. Perhaps in the fullness of time we will return with a better definition but the Fine Gael Party's Private Members' Bill, which is based on the United Kingdom legislation, is good legislation. I am not aware that a better formulation is available. I rely on the common sense of the Judiciary and the Director of Public Prosecutions not to conjure up entirely fanciful...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: This section applies to a citizen of Ireland or a person who is ordinarily resident in Ireland. If we are to assert extra-territorial jurisdiction, under the Constitution we are obliged to so in accordance with ordinary principles of international law. One of them is that there must be some link to the State. A citizen owes a duty of loyalty to the State under Article 9 of the...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Michael McDowell: I thank the House for the spirit in which it took today's debate. I also thank all parties in both Houses in their approach to this issue. No party or Member is more or less concerned than any other on protecting our children. This is not a perfect set of circumstances and I wish I did not have to come before the Houses to introduce this legislation. However, I believe we have done some...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: I do not want to cut into time for amendments on the other Stages of the Bill. I fully agree with the views expressed in this House that we need a sexual offences Bill of a comprehensive kind. Although it was not given major coverage, I indicated last night in the Dáil that I intend to ask the codification committee, which has just been established and is operational in association with...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: The purpose of this short Bill is to remedy an error in the Criminal Law (Sexual Offences) Act 2006. The point we were dealing with last week in the Dáil was brought to my attention by Deputy Rabbitte, for which I thank him. While the error he pointed out is not as significant as has been claimed in many quarters, I have decided to act quickly and decisively to ensure the legislation on...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: Some of them I know myself and am very fond of them. I presume they were going through the legislation——

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Michael McDowell: This error was picked up when they were preparing anti-grooming legislation. The Labour Party leader responsibly alerted me to this in the Dáil last Thursday. I said I would deal with it as soon as I possibly could. On Friday, he published a Bill and informed me he was glad I was making time available to deal with the matter as one of urgency in the Dáil. At that stage, I took it as the...

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

Michael McDowell: That is the definition of sexual exploitation. In other words, if one is talking about kidnapping somebody and restraining or depriving him or her of his or her liberty, it will be used for that purpose. It is not creating a general offence as regards somebody turning on a blue movie in a room. That is not what the section, as amended, means.

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

Michael McDowell: That is not what this section, as amended, means. To be committing an offence, one would have to be taking, detaining or restricting the personal liberty of a child for the purpose of his or her sexual exploitation.

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

Michael McDowell: Yes.

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

Michael McDowell: It will cover "showing——

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

Michael McDowell: It refers to any activity of a sexual nature which is an offence.

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

Michael McDowell: Where is the Deputy quoting from?

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

Michael McDowell: Yes.