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Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: I am concerned to ensure we get this right.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: I will make a general point and will not repeat it. This is not the proper way to hold a debate on Committee Stage. A Bill of this kind should be parsed, analysed and perused in detail to ensure what ends up on the Statute Book is cast-iron. This process creates the possibility that a defect will occur in the Bill. I agree in principle with what is contained in the Bill so we should do...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: We are anxious to produce proper legislation and a certain amount of time is necessary in that regard. The Minister may have noticed that a number of my colleagues on this side of the House did not contribute to the debate on Second Stage. A number of them stated that they wished to speak on the Bill but they did not have sufficient time to study its provisions. It is a great pity that it...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: I did not have an opportunity to table amendments and I will, therefore, make any points I wish to make in respect of the various sections. Will the Minister indicate when the act of solicitation or importuning actually occurs? At what stage does an offence arise? What requirements must be met in the context of proof in order to bring a charge — such a charge will now be indictable — of...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: On the issue of prostitution, I take it that relates to the payment of money or money's worth.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: Definitely.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: On whom is the onus of proof?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: A different situation would arise when one would meet that person.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: This is an important area. In terms of the pendulum, on one side could be a situation in which the accused is not even allowed to plead an honest mistake.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: That has been declared unconstitutional. However, the other side is that the entire onus is on the prosecution to prove guilt beyond reasonable doubt. In terms of this Bill and this area of the law, a middle ground could be found that is much fairer and does not debase the fundamental principles of our legal system. That might require the prosecution to make a prima facie case which the...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: There may be a subjective or objective test as to whether the accused had an honest belief or took some care to ascertain the age of the victim. That territory should be further explored from the point of view of delineating its limits.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: A trial might not go as far as a decision by a jury if the prosecution could not prove beyond reasonable doubt an honest mistake was not made because there would probably be a direction to acquit.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: This section epitomises the point made earlier regarding patchwork quilts. Subsection (4), which amends the Civil Legal Aid Act, states: Section 26 of the Civil Legal Aid Act 1995 is amended, in subsection (3)(b), by the substitution of "an offence under section 6 (inserted by section 2 of the Criminal Law (Sexual 35 Offences)(Amendment) Act 2007) of the Criminal Law (Sexual Offences) Act...

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: Is Deputy Howlin sure it plugs the gap?

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: Reluctantly.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (6 Mar 2007)

Jim O'Keeffe: The same remark applies to this section as the previous one.

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (6 Mar 2007)

Jim O'Keeffe: I am happy to support the Government's attempt to close the gap in the law relating to the soliciting and importuning of children for sexual purposes. Our colleagues in the Labour Party did a service to the House and the country last week when they pointed out a loophole that inadvertently resulted from emergency legislation introduced last year. It is important that we close the gap as...

Written Answers — Anti-Poverty Strategy: Anti-Poverty Strategy (1 Mar 2007)

Jim O'Keeffe: Question 54: To ask the Minister for Social and Family Affairs his views on the recent finding of a company (details supplied) who, on behalf of the Combat Poverty Agency, found in their report that although the policies and infrastructure to tackle poverty already exist, conflicting priorities at local and national level and poor integration of existing structures are hampering...

Written Answers — Social Welfare Code: Social Welfare Code (1 Mar 2007)

Jim O'Keeffe: Question 41: To ask the Minister for Social and Family Affairs the benefits PRSI class D contributors are entitled to when they reach retirement age; and if he will make a statement on the matter. [7995/07]

Written Answers — Sports Capital Programme: Sports Capital Programme (1 Mar 2007)

Jim O'Keeffe: Question 155: To ask the Minister for Arts, Sport and Tourism if in relation to the application for funding under the sports capital grants programme for a board (details supplied) in County Cork he will confirm that the application meets the eligibility criteria; the amount of funding available for allocation; when details of allocation will be released; and his views on the regional...

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