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Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: Deputy O'Callaghan's amendments are grouped with this one.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: Fair play to the Minister if she can come up with an amendment that adequately deals with all the complex issues by this day next week.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: It is a big task, given it is an incredibly complex area. There is a view that in legislation, in some ways, less is more and, for example, defining the sexual activity as being voluntary or a free choice is probably a better way rather than prescribing a list of activities because if there are ten activities, is the eleventh less important in circumstances that had not been envisaged?...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I believe that one of ours is in this group. We are just getting our heads around this. Our amendment touches on the same point. The amendments are interrelated. The term "protected person" was a substantial topic of conversation in the community of people working with persons with disabilities. Were we not to change the term, we would create a new category of person where there does...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: We have a number of amendments in the grouping, some of which try to do the same thing, and I am a little bit lost. It is very confusing. I do not get the point made by the Minister. There are good points in amendment No. 10. Does it remove all references to "protected persons", which would be helpful? We must get a balance. The Minister said a position of dependence and trust would...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I am still uncomfortable on this point. If the Minister is saying that a protected person is somebody who lacks capacity, there is a whole range of circumstances where a person might lack capacity and not just because of a disability. They may be absolutely off their face drunk or on drugs, or they might be unconscious. There may be other situations where they do not have capacity. In...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I do not see any change in the Act.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I have my two lists; they look like they are the same.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: We had proposed removing it because we are giving a special definition for protected persons. It was a question of singling out a special type because we are dealing with a group of protected persons. This definition already exists in our other legislation dealing with sex. I do not see why we would single this out. I think that was why we opposed it.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: Now?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: The Minister might be right.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: The amendment we have just made is a relatively minor amendment. Our two amendments were linked. We wanted to oppose this section because it relates to sexual acts with protected persons. To us the terminology creates another category of person where there does not need to be one in the context of sexual acts. There are already laws against sexual acts, abuse, rape and...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I wish to state my opposition to the amendment, though I do not want to call a vote.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I move amendment No. 8: In page 17, before line 1, to insert the following: “Abuse of a Position of Dependence and Trust 21. The Criminal Law (Sexual Offences) Act 1993 is amended by substituting the following for section 5: “Offence of abuse of position of dependence and trust 5. (1) Any person who being in a position of dependence and trust— (a) takes...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I would like a vote on the amendment.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: In some ways the discussion is akin to those on tackling the drugs problem. Mandatory sentencing was provided for and the view was that we were going to get the big boys with that legislation, while those at the bottom, the partial victims or users, would escape. However, that did not turn out to be the case. It is the low-lying fruit and the ordinary people at the bottom in any illegal...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: This is a section on the purchase of sexual services and it is being inserted in this context. CAB and criminal activity is already defined. For instance, kidnapping people, trafficking people and holding people for any purposes against their will are already heinous crimes in legislation and CAB and those organisations can address them. It is important to make that point. I happen to...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: This is an aspect of the legislation which has not been incorporated by the Tánaiste. It is to decriminalise sex workers who use their own premises or rented accommodation for the purpose of sex work currently.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: I cannot turn it off.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Clare Daly: It is a phone. I do not know how to turn that phone off.

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