Results 5,701-5,720 of 18,728 for speaker:Michael McDowell
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: No, it means to take control of a child. I do not believe a child turning on a blue movie in front of another child would commit that offence.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Does the Deputy mean by restricting the personal liberty of his children for the purpose of so doing?
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I shall deal with Deputy Howlin's question. There is the insertion of a new subsection (3) in section 3 of the Act. I do not know whether the Deputy has the 1998 Act to hand.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I can send a copy over to him and perhaps he can see what I am talking about.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I read from subsections (1) and (2) of section 3.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Yes, correct.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: It is purely a drafting matter.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: The point I am making to Deputy Howlin is that under the 1998 Act, section 3 provides a definition of sexual exploitation. The term "sexual exploitation" is used in section 3(1)(a) and section 3 (2)(a).
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I am saying subsection (3) defines what sexual exploitation means. In this instance we are widening the definition of sexual exploitation, but it is only relevant to those committing an offence under the preceding subsections.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: That is correct, but I am also applying it to the pre-existing offences.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Yes, I am content to do that.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I am saying the definition of sexual exploitation in subsection (3) is relevant to subsection (1) and paragraphs (a) and (b) of subsection (2).
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: Therefore, in order to commit an offence involving that definition, one must commit one of those described in subection (1) and paragraphs (a) and (b) of subsection (2).
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)
Michael McDowell: I thank Deputies for their contribution to this debate. I will begin by referring to the contribution of Deputy Peter Power, which was thoughtful and which surveyed recent events in a fair-minded and reasonable way. I agree with him that this area needs to be restated comprehensively. I will ask that the criminal law codification committee takes this as its first task. It is not good...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)
Michael McDowell: Nobody does. It is not morally minor in that sense. This explains to some extent how the particular section was overlooked. If it had been an indictable offence, it would have leapt out in the drafting process for last year's law that there was a problem in this regard which had to be addressed. However, it looked like a District Court offence and did not look to have all the importance...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)
Michael McDowell: I did not realise I had only five minutes. I thought I had the usual time.
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (Resumed). (6 Mar 2007)
Michael McDowell: I must conclude but I want to record that it is not necessary to stick into every offence for which we legislate, just because the Supreme Court laid down that particular judgment in regard to one section of the 1935 Act, that there should be an explicit defence of mistaken belief. On principles of constitutional construction, an Act is construed in accordance with the presumption that it is...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: On Deputy Jim O'Keeffe's point, the Bill refers to the 1998 Act in the list of legislation referred to. It is a matter of drafting style as to whether we should include everything. I do not believe that much hangs on whether reference should be made in the section to the Act of 1998. Including such a reference might make the section more easily readable or it might make it less so. I am...
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I have not been in a position to do so. I cannot really answer the Deputy's question save to say that prosecution policies are laid down by the Director of Public Prosecutions. All the Department of Justice, Equality and Law Reform does is sponsor laws. It does not contactââ
- Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)
Michael McDowell: I am not clear as to why use of the provision appeared to dry up. It may be that a more serious view was taken in respect of offences of this type and that an effort was made to deal with them on an indictable, rather than a summary, basis. Perhaps that is what happened. However, I cannot say much more because I am not privy to the prosecuting policies that are adopted in respect of these...