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Seanad: Criminal Law (Sexual Offences) Bill 2006: Committee Stage (Resumed). (2 Jun 2006)

Maurice Hayes: I agree generally with the spirit of the amendment but it can be left to the wider consideration that is to take place. I did take seriously the point raised by Senator Cox that we should not criminalise young people. Perhaps the Minister of State would assist me in regard to the construction of section 3(9). It provides that no proceedings shall be taken against a person under the age of 17...

Seanad: Criminal Law (Sexual Offences) Bill 2006: Committee Stage (Resumed). (2 Jun 2006)

Maurice Hayes: I thank the Minister of State.

Seanad: Criminal Law (Sexual Offences) Bill 2006: Committee Stage (Resumed). (2 Jun 2006)

Maurice Hayes: I do not wish to labour a point I made earlier regarding subsection (4) but can the rules of court make it clear that a person was a member of the family or a close neighbour of the victim who, therefore, knew the age of the child and could not claim not to know? This would obviate the need to bring the child into court for cross-examination. We know that this legislation cannot be applied...

Seanad: Criminal Law (Sexual Offences) Bill 2006: Committee Stage (Resumed). (2 Jun 2006)

Maurice Hayes: Yes, but the point I was trying to make was that if a person could not be charged with unlawful carnal knowledge, I understood from the Minister that perhaps he or she could be charged with sexual assault or some other aggravated offence. I hope that will be proceeded with.

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

Maurice Hayes: I welcome the Minister. His visit on Wednesday evening was most helpful, as was his explanation earlier of the thinking behind the Bill and his reservations about it. I share his sigh of relief at the judgment of the Supreme Court today. It may have been in the last minute of injury time, but it makes the discussion easier. I know the Minister had to introduce legislation and it is a pity if...

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

Maurice Hayes: There is no point in my talking if the Minister of State is not listening. I am also concerned about section 5 — which was inserted for good reasons and with the best of intentions — and whether it will be open to challenge on grounds of gender inequality, which may eviscerate the rest of the Bill. Rather than risk the entire legislation, it might be wise to consider that point. The...

Seanad: Supreme Court Judgment on Statutory Rape: Statements. (31 May 2006)

Maurice Hayes: I thank the Minister for coming to the House for this important debate. I have found it helpful to hear the legal issues set out clearly. There are three problems, a medium-term, a short-term and a damage limitation problem. The medium-term problem has to do with the age of consent and a general adjustment in that regard. We live in a society in which media, marketing and other forces all...

Seanad: Order of Business. (31 May 2006)

Maurice Hayes: Most of what I had wished to say has already been said by Senators Jim Walsh and Norris, both of whom I strongly support in this regard. It would be a pity if the House divided on this matter, because I sense that the same sense of shock and concern is felt on all sides. Nevertheless, it would give a strange signal to the public, which is convulsed by this matter, if this House, of all the...

Seanad: Order of Business. (30 May 2006)

Maurice Hayes: I will also be alarmed if people are released because they are found to have been convicted under an unconstitutional Act. I am not sure that we can do anything retrospectively to allow people who were convicted in that manner to be brought before the courts again. I would like to make a wider point, however. I ask the Leader to consider arranging a debate on what we should do with the...

Seanad: Order of Business. (30 May 2006)

Maurice Hayes: The Law Reform Commission issued a report on this issue 14 years ago. There has been such a change in social mores and attitudes since then that it is almost time to examine the matter again. These extremely worthy and energetic people are devoting their time to producing reports, which pile up on our desks without anybody moving them on. It could be useful for the Seanad to take ownership of...

Seanad: Order of Business. (24 May 2006)

Maurice Hayes: I support the call for a properly constituted and empowered inquiry into the death of Mr. Pat Finucane. His wife and other members of his family who have conducted themselves with great dignity over the years deserve no less.

Seanad: Road Safety Authority Bill 2004: Second Stage. (10 May 2006)

Maurice Hayes: Most of the points to which I want to refer have already been dealt with by other Senators. I welcome the creation of the agency and I wish Mr. Byrne well with it. It is a bit of a cod to put it in Ballina, but that is another story. It will create an amount of extra driving. I hope the agency will have sufficient funds for research, which is very important so we begin to understand what are...

Seanad: Order of Business. (10 May 2006)

Maurice Hayes: Please, do not make any more confessions.

Seanad: Order of Business. (10 May 2006)

Maurice Hayes: I support Senator Ó Murchú's remarks on Palestine. It seems to be a strange procedure to encourage people to take part in parliamentary elections and then state that support is offered only as long as they elect the people we like.

Seanad: Order of Business. (10 May 2006)

Maurice Hayes: One cannot go around picking leaders for other people. I associate myself with Senator Mansergh's remarks about the appointment to the Garda inspectorate. I can think of nobody better. Kathleen O'Toole was a member of the Patten commission and made an enormous contribution to that report, not only to its substance but, because of her reputation as a police officer, to the international...

Seanad: Order of Business. (10 May 2006)

Maurice Hayes: ——because a particular party had not taken part in it. It seems to state that participation in Government is not contingent on support for the police. It flies in the face of everything we stated here this morning about the Garda Síochána.

Seanad: Accident and Emergency Services: Statements. (9 May 2006)

Maurice Hayes: The Minister of State will be relieved to know I have no complaints for him. If I had, I would have to take them elsewhere. I offer some observations on the basis of experience in the field of health policy and management. We should listen carefully to many of the sensible statements made by Senator O'Toole. These are practical, although not quite straightforward, issues. I take some heart...

Seanad: Order of Business. (9 May 2006)

Maurice Hayes: I would like to be associated with the tributes to Archbishop Eames, whom I have known since he was a curate. In all that time he has maintained remarkable consistency in supporting peace, the resolution of conflict, dignity and human rights. He is a person who provided real leadership in Northern Ireland in very difficult times. He is a real pastor, not only to his own flock but to the wider...

Seanad: Order of Business. (27 Apr 2006)

Maurice Hayes: It will be out on the Monday.

Seanad: Order of Business. (27 Apr 2006)

Maurice Hayes: With regard to the point raised by Senator Coghlan about the production of reports in the Irish language, could we extend the debate to include the production of many of the reports in the English language? It would ease my recycling bill if those reports were made available electronically and could be supplied on demand. I also support Senator O'Toole with regard to the harmonisation of...

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