Results 9,881-9,900 of 18,729 for speaker:Michael McDowell

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: Deputy Joe Higgins evidently believes this proposal was not made. It was made to me.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I am trying to achieve a consensus in this House among all the political parties.

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I am trying to produce a Bill that will get maximum support. I have to placate Deputy McCormack on the one hand and Deputy Joe Higgins on the other. I am trying to drive a middle road to accommodate the consensus opinion in this House. I want to finish on this point. It is reasonable to try to achieve consensus. I have done it. It is reasonable to try to achieve as good a Bill as I can in...

Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)

Michael McDowell: I have tried to bring this House with me on the matter and I deeply regret that yet again on an important speech on a Second Stage debate, the Minister for Justice, Equality and Law Reform has been continually heckled, harassed and shouted down on a number of occasions.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: I move amendment No. 1: In page 3, between lines 11 and 12, to insert the following: ""Act of 1981" means the Criminal Law (Rape) Act 1981;".

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: I am unhappy with the proposal that a person who is five years older in calendar months would be deemed to be a person in authority. It is not one I find attractive. I do not believe there are not genuine consensual situations in which this may not render a significant injustice. The Deputy will be aware that I had in mind two or three years as a possible age difference provision. I am aware...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: One of the things I intended to say if I had been allowed to finish my speech this morning was that I intend to establish an all-party committee on this subject because issues such as this need to be teased out very carefully. People have spoken about a two-phase, as opposed to two-faced, approach to this legislation. I am happy to adopt the proposal that we should have a second look at this...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: To be honest, when I spoke about two and three years, I was referring to consensual activity which would attract a lesser penalty. This provision would put people who are over 30, 50 or 60 months older than the other individual into a situation where they commit a much graver offence. We are not talking about exactly the same thing so this matter should be kept back for all-party consideration.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: There was insufficient time to provide an official translation of the Bill. I will address Deputy Sargent's comments about people in an educational role. Unless we adopt this Bill, a 35 year old male teacher who has sex with a girl aged 15 or 16 will commit a serious offence under the law if we reinstate it as it was but, curiously, a female teacher who seduces a boy aged 15 or 16 would be...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: I move amendment No. 3: In page 3, line 28, to delete "Criminal Law (Rape) Act 1981" and substitute "Act of 1981".

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: No, I said there was no offence if one was dealing with the matter of a consensual act of a 15 and a half year old before or after the passage of the Bill.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: The Deputy misunderstood. He said I was decriminalising something.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: However, I said that under the 1993 Act as I understand it, consent was a defence.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: Will the Deputy tell me why I am wrong?

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: Consent was still maintained as a defence in the 1993 Act.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: It is on this issue that we are divided.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: If I am wrong, I will concede the point.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: Likewise, if the Deputy is wrong, he should concede it.

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: It is not to be assumed that the Director of Public Prosecutions does not take into account the interests of a child when deciding whether to initiate a prosecution against or about that child. The DPP must take into account whether it would damage the child to bring him or her to court to give evidence. He must also consider whether it is reasonable, having regard to the overall social and...

Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)

Michael McDowell: As the Deputy probably appreciates, the Ombudsman for Children has written an evaluation of the Bill and made some suggestions along these lines. On examination, a number of the suggestions are problematic, but they can be considered by an all-party committee. I would welcome such consideration.