Results 5,681-5,700 of 18,728 for speaker:Michael McDowell
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: The Deputy may ask why that is so. Their approach was that if there was an established pattern of behaviour, they would be in a better position to convince juries the act was no accident, misunderstanding or impulsive action, but a careful grooming pattern. The person would have put in place on a number of occasions steps to bring about the encounter with the child.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: That is not so, of course, because if the person actually didââ
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: ââdo something to the child that would be a different matter. I did not read Hansard on this matter. As I understand, the British draftsman wanted to make it very clear that in order for this offence to take place, an established pattern of behaviour, and not just a once-off text message or something similar, would have to be in place. Grooming, conceptually, is not just simply making...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: There is. It is soliciting or importuning.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: To importune a child within the Stateââ
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: No.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Not extra-territorially.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: There is the 1996 Act as well.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Bringing the child out of the jurisdiction for the purpose of sexually exploiting it is an offence.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: We cannot wear blinkers on this.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: We should be honest. If we are to codify the law we must deal with all of these issues.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: If we are going to have a zone of absolute protection we must revisit all these issues. If we are going to have a referendum we will also have to deal with them. We are now dealing with the situation which occurred last Thursday in this House and I am trying to deal with it. I am not dealing with a future situation, which will occur after a referendum.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: In person.
- 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: No one is scapegoating the Internet but it has considerably greater potential. Chat rooms do not exist on telephones except in a different sense.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Those rooms are rare. One is traceable if one participates in a chat room. Parents who are afraid for their children can control a great deal, but unless they sit behind the children while on-line, they cannot determine what sites are being visited and what is being said. There is a heightened risk. I take Deputy Lynch's point that irrespective of the Internet, a determined paedophile can...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: It is important that we look at the whole of section 3 of the Child Trafficking and Pornography Act 1998. It reads: (1) Any person who organises or knowingly facilitatesâ (a) the entry into, transit through or exit from the State of a child for the purpose of his or her sexual exploitation, or (b) the provision of accommodation for a child for such a purpose while in the State, shall be...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Subsection (2) refers in paragraph (a) to a person who takes, detains or restricts the personal liberty of a child for the purpose of his or her sexual exploitation, in paragraph (b) to a person who uses a child for such a purpose, and in paragraph (c) to a person who organises or knowingly facilitates such taking, detaining, restricting or use. Such a person shall be guilty of an offence...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: The point I am making is that the preceding sections require one to take, detain or restrict the personal liberty of a child for the purpose of his or her sexual exploitation. It is not just a matter of turning on a blue movie in a room or something similar.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: It meansââ