Results 9,901-9,920 of 18,729 for speaker:Michael McDowell
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: On the question of consensual activity, Deputy Howlin's amendment and Deputy Jim O'Keeffe's amendment and the Bill do not display consensus. Deputy Jim O'Keeffe is proposing a nominal penalty. The Green Party is proposing a community service order. Deputy Howlin wants it to be decriminalised and Deputy Joe Higgins agrees with him. We do not have consensus on this issue.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: Under the 1935 law, the boy committed an offence and the girl did not.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: If I reinstated the pre-existing law, it would bring about the present situation that the boy commits an offence theoretically but the girl does not. I am providing that girls do not commit an offence so they are not stigmatised and boys, who could commit serious offences under this provision, should not be prosecuted save by the direct decision of the Director of Public Prosecutions. I will...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: It may be of assistance to the Deputy. I am trying to preserve the status quo until the House has an opportunity to work out a consensus. I will accept Deputy Jim O'Keeffe's amendment No. 19 on the sex offenders' register. I am trying to show a reasonable approach to the matter in this atmosphere.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: It is a strange one.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: With regard to transitional arrangements, the Interpretation Act is relevant if a section is repealed. For example, section 2 of the 1935 Act is to be repealed, and section 1 is already gone, as the Deputy will appreciate. Section 2 will be repealed by this Act, but it does not knock out existing prosecutions or prevent persons from being prosecuted with respect to past Acts. There is a doubt...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: There is a significant issue. The Deputy can tell his counsel friends that a significant issue exists.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: I am not disposed to accept a sunset clause. The all-party committee should try to arriveââ
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: As soon as may be. If a consensus emerges, I will try to give effect to the consensus position on this question of teenage consensual activity and every other issue we have not been able to deal with in this legislation.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: The DPP has very wide discretion. I asked him whether a provision taking into account age, which was analogous to taking into account the interests of the child, would be a good or bad idea. His view was that his discretion should be left untouched by legislative measures. If we start legislating for how discretion is exercised, it will end up becoming the subject of judicial review, which is...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: The DPP can lay alternative counts and there is a provision for alternative verdicts. Somebody should not be able to escape liability by saying he thought a girl was 15 when he was accused of having sex with her on the basis that she was 14. It can easily be remedied by the DPP putting two counts against the accused in a live case. Under the 1924 Act, where a trial is ongoing or has started,...
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: I got into trouble recently when I accepted on the hoof an amendment to another Bill.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: The issue is adequately dealt with by alternatives.
- Criminal Law (Sexual Offences) Bill 2006: Committee and Remaining Stages. (2 Jun 2006)
Michael McDowell: The amendment is accepted.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
Michael McDowell: The law states a girl cannot say to her parents that she is not committing an offence by having sex.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
Michael McDowell: Does Deputy Enright want to criminalise them for the first time?
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
Michael McDowell: The girl commits no offence at the moment.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
Michael McDowell: Deputy Enright wants to make it an offence.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
Michael McDowell: That relates to an incest offence.
- Criminal Law (Sexual Offences) Bill 2006: Second Stage. (2 Jun 2006)
Michael McDowell: It is a separate offence.