Results 5,701-5,720 of 18,749 for speaker:Michael McDowell

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

Michael McDowell: As I understand the background to the British legislation, this provision mentioning "two occasions" was inserted in order to avoid any doubt but that there had to be an established pattern of behaviour before the offence was committed.

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 did——

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

Michael McDowell: ——do 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 State——

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 facilitates— (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.