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Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Trevor Ó Clochartaigh: I support Senator van Turnhout's comments. This mirrors a debate held on Committee Stage about advance health care directives being legally binding. I will not repeat all the comments but a strong argument was put forward and some of the organisations represented in the Visitors Gallery tonight are still calling for that. Senators have been contacted again by those groups in light of that...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Trevor Ó Clochartaigh: Ba mhaith liom aontú leis an méid atá ráite roimhe seo. Is lá iontach tábhachtach go deo é seo, go háirithe dóibh siúd a úsáideann na seirbhísí seo agus atá ag fanacht na céadta bliain leis an lá seo. This is a wonderful day. It is a proud day for everyone in the House. We have to remember that the most...

Seanad: Assisted Decision-Making (Capacity) Bill 2013: Report and Final Stages (15 Dec 2015)

Trevor Ó Clochartaigh: We might. We are not that far apart.

Seanad: Criminal Justice (Burglary of Dwellings) Bill 2015: Second Stage (11 Dec 2015)

Trevor Ó Clochartaigh: Sinn Féin will support the passing of this legislation on Second Stage. However, that does not take from the fact that under the Government the incidence of assaults, sexual offences, theft, fraud and burglaries has risen. While it is welcome that serial offenders are being targeted in the Bill, the structural causes that give rise to the problem of burglaries stem from the decisions...

Seanad: Courts Bill 2015: Committee and Remaining Stages (11 Dec 2015)

Trevor Ó Clochartaigh: Fianna Fáil may be in coalition with-----

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: On a point of order.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: I am not saying that what Senator Walsh is saying is not of interest but I really do not see what relevance his comments have to this particular section of the Bill.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: I welcome the Government's amendment. Our amendments were trying to achieve the same end. There has been a very long campaign to ensure we could decriminalise those who sell sexual services and I commend the people in the Gallery, who have been campaigning on this for a very long time. The Turn Off the Red Light campaign has been very effective and very important because it has long been...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: I move amendment No. 31:In page 17, between lines 3 and 4, to insert the following:“21. Section 9 of the Act of 1993 is amended—(a) in subparagraph (i) by the substitution of “€10,000” for “£1,000”, (b) in subparagraph (ii) by the substitution of “€50,000” for “£10,000”.”. This amendment...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: I thank the Minister of State for that intervention. We will reserve the right to retable this amendment on Report Stage if we see the Government has not brought forward an amendment of its own.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: I move amendment No. 33:In page 17, between lines 17 and 18, to insert the following:“22. The Act of 1908 is amended by the substitution of the following section for section 1 and 2:“1. Any person of or above the age of 17 years who has carnal knowledge of a person, who to his or her knowledge is his or her parent, child, brother, sister, grandparent or grandchild shall be...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: I thank the Minister of State for his detailed response, which we would like to study. We are probably coming from a similar perspective, but we want to be sure before making any amendment. I understand that the Minister of State is considering the matter as well and may table a Report Stage amendment on it. We will take what he stated on board and study it and we might revert on this...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: Sixteen years with permission.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: Taking on board what the Minister of State said on section 22, we are going to analyse this again. We will not oppose the section at this stage.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: Yes, I have been asked by Senator van Turnhout to move her amendment. I move amendment No. 35:In page 22, line 27, after “in this section” to insert “and in section 19B”. The purpose of amendment No. 36 in my name is to restrict the availability of therapy notes in criminal proceedings to those which have a direct bearing on the offence in question. We have...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: I welcome the Minister of State’s contribution. It is important these issues are taken on board. We will take the Minister of State at his word that amendments will be introduced on Report Stage. As we tend to get amendment lists quite late, would it be possible to get these amendments at an earlier stage after they have been drafted to ensure we can get sight if they cover the...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: We understand the Minister will come forward with a similar amendment on Report Stage.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: We will.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: On a point of information, recently there has been a very lengthy court case in Britain on this issue.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (11 Dec 2015)

Trevor Ó Clochartaigh: It was found that this scenario had happened. A person impersonated somebody else and the defendant won the case.

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