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

Brian Lenihan Jnr: Perhaps the Deputy does not like what she is hearing but the matter is being determined in the context of Article 40 proceedings.

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

Brian Lenihan Jnr: I assure the Deputy I am very conscious of my obligations as Minister for Children.

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

Brian Lenihan Jnr: I am very conscious of them. Deputy Kenny will have to improve his performance, however, because he has indicated on the floor of the House — not once but twice — that the Government bears direct responsibility for any such release.

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

Brian Lenihan Jnr: The responsibility rests with the courts and any potential Taoiseach should know the precise division of responsibilities in this State between the courts and the Oireachtas.

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

Brian Lenihan Jnr: He has shown himself to be ignorant of it but did that to get a cheapsoundbite on national television.

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

Brian Lenihan Jnr: I am sorry but I have seen him do so twice.

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

Brian Lenihan Jnr: The first time I overlooked it but it was repeated at the beginning of an otherwise good speech this morning. I am entitled to comment on what is said in this House.

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

Brian Lenihan Jnr: No. I have never used——

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

Brian Lenihan Jnr: The Deputy will have to listen to the arguments and she will have plenty of time to comment on them. In addition to all of that, we have had the constant attempts to impugn the integrity, honesty and competence of the Minister for Justice, Equality and Law Reform. If one looks at the volume of material he has put on the Statute Book in recent years, as well as the volume of material he will...

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

Brian Lenihan Jnr: I do not ring up Garda stations to find out confidential Garda information.

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

Brian Lenihan Jnr: I wish to turn to the merits of the Bill. It is an important item of legislation into which the Government collectively has put much work. The advice of the Minister and the Attorney General has been gathered in connection with it. It restates the basic position set out in the 1935 Act but in a way that protects both boys and girls. The Government examined the option of a minimal Bill which...

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

Brian Lenihan Jnr: I will deal with that matter.

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

Brian Lenihan Jnr: As I said earlier, our point of departure has to be child protection. The Bill now protects the young boy in the same way as the young girl is protected. That is the point. The younger boy now has the same protection——

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

Brian Lenihan Jnr: ——that the younger girl had under the 1935 legislation and will have with this legislation.

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

Brian Lenihan Jnr: Reservations have been expressed that a female child under 17 years of age will not be prosecuted in respect of sexual intercourse. Deputy Cuffe raised this issue directly in the course of the debate. The Ombudsman queried that decision and queried whether reasonable grounds or justification exist for the differentiation. She did not suggest we should not do it. I want to put that on the...

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

Brian Lenihan Jnr: The Deputy would do well to remember that there are many fathers who are well able to conceal themselves.

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

Brian Lenihan Jnr: There is a fundamental differentiation in nature, which is reflected in this Bill. With regard to the position of the Labour Party, it is extraordinary that its members invite us to pass legislation which will only protect boys and then object to the fact that the legislation contains a more limited exception in regard to gender neutrality. There is total inconsistency in that position. The...

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

Brian Lenihan Jnr: It is not a temporary Bill.

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

Brian Lenihan Jnr: It is a Bill of the Oireachtas and we are taking full responsibility for it as such. The term "emergency Bill" has been bandied about this House and elsewhere.

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

Brian Lenihan Jnr: This is not an emergency Bill under our constitutional system. It is a Bill of the Oireachtas. An earlier signature motion will be tabled in the Seanad and the President will be invited to consider whether she should sign the Bill at an earlier stage. It is not an emergency Bill. It is a Bill of the Oireachtas like any other. The Government took great care in preparing what is before the...

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