Results 10,001-10,020 of 18,729 for speaker:Michael McDowell

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

Michael McDowell: I understand that copies of my script are on their way.

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

Michael McDowell: I have conferred with the Garda Commissioner about the issue of released prisoners in this category. I will say more in that regard when and if the Supreme Court reaches a verdict on foot of today's judicial review hearing, which may also settle the legal issues relating to the validity of the continued detention of the six people I have mentioned. I will turn shortly to the substance of the...

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

Michael McDowell: Before I do so, however, I will refer briefly to some of the criticisms of the Attorney General, the Government and me arising from this situation.

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

Michael McDowell: As I have said, the primary accusations are that, somehow, we have been dilatory in our response to this legal judgment and that through incompetence we were unaware of the impending decision, the effects of which could somehow have been averted if some pre-emptive legal measures were taken by the Government.

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

Michael McDowell: Highly political charges are being made. I regret I have to use the time of the House to refute them——

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

Michael McDowell: ——especially on a day when we are co-operating to bring a necessary law into effect.

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

Michael McDowell: The legal situation that has emerged from the Supreme Court decision requires not only an appropriate legislative response from the Oireachtas but also a response from the Executive. To cope with the new situation I have described to the House, I propose to augment to a considerable degree the resources deployed by the State and its agencies in the investigation and prosecution of sexual...

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

Michael McDowell: I want to say a few things about the Bill.

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

Michael McDowell: The Bill is designed to restore in updated form the offence of unlawful carnal knowledge against a girl of 15 years or under, which was struck down by the Supreme Court. The new offences contained in the Bill protecting children against sexual abuse contain a defence of honest belief that the child had obtained 15 or 17 years as appropriate in accordance with the Supreme Court judgment....

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

Michael McDowell: I regret that but the order of the House is that I must keep speaking.

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

Michael McDowell: Section 3 replaces section 2 of the 1935 Act and sections 3(c) and (d) of the 1993 Act. It criminalises engaging or attempting to engage in a sexual act, as defined, with a child under 17 years of age. The penalty structure is analogous with the provisions in the repealed sections of the 1935 and 1993 Acts but if the offences are committed by a person in authority, the maximum penalties are...

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

Michael McDowell: Section 6 makes necessary consequential amendments to various enactments. For example, it will be possible to convict a person indicted under this Bill with another serious sexual offence where the evidence for the offence under this Bill does not warrant a conviction. Other amendments will ensure, for example, that a person convicted of an offence under this Bill will be obliged to notify...

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

Michael McDowell: ——to draw up guidelines for persons involved in video recording interviews with a complainant regarding a sexual or violent offence during an interview with a garda or other person competent for the purpose subsequently forwarded good practice guidelines to my office with related recommendations. It was my view that we needed the professional opinion and guidance of the experts in this...

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

Michael McDowell: I refer to developments since the process of consultation with Opposition Deputies yesterday. Two omissions from the legislation, which did not occur to any of us in conversation, occurred to me last night.

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

Michael McDowell: One is we had not replicated the anonymity guarantees for children who are the subject of prosecutions under the legislation, which the House will obviously want to do. In the rush to get the legislation through, nobody noted that omission.

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

Michael McDowell: I do not know why Opposition Deputies are baying. They wanted the legislation introduced on an emergency basis. Similarly, I noticed last night that the provisions relating to victims of more serious sexual offences under the law of rape whereby they cannot be cross-examined about their sexual past, except by permission of the court and with the assistance of their own counsel, have not been...

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

Michael McDowell: Amendments dealing with those two matters are being prepared and they will be tabled on Committee Stage.

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

Michael McDowell: If Deputies see anything else in this legislation that needs to be addressed, I will accept any reasonably based amendment.

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

Michael McDowell: I gave that guarantee in private and I am giving it in public today. I want to finish on this point because my time is up.

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

Michael McDowell: There are times we engage in adversarial debate in the House and I have been as good at that as many other Members.