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Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Jim Walsh: While I do not normally disagree with the Minister and normally follow his logic, that is totally illogical. Effectively, the Minister is stating that because the accounts of the company will come before the local authority, members somehow should not be directors of the board. It is the same situation with shareholders, in that a company might have many shareholders some of whom may well...

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Jim Walsh: I am afraid we must agree to disagree.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Jim Walsh: I am not addressing them to the Minister.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Jim Walsh: I did not say that.

Seanad: Harbours Bill 2015: Committee Stage (16 Dec 2015)

Jim Walsh: I actually do not believe it is the right approach. There are people in these Houses who are directors of fairly important companies who have decisions to make in that regard and who make a contribution to those companies. I believe that if any Member who is a public representative in any capacity has the expertise, then this blanket exclusion of people in any sort of representative role is...

Seanad: Order of Business (15 Dec 2015)

Jim Walsh: I agree with my colleague, Senator Leyden, that there are manifest failures in the health service whereby we had a Minister who was unfit to be put into the position in the first instance and we now have a Minister who is running the service from the commentary box and is not actually dealing with the issues. However, it is not the only area in which the Government is in serious dereliction...

Seanad: Order of Business (15 Dec 2015)

Jim Walsh: The Government did not do that this time and will hardly get a chance to do it next time.

Seanad: Order of Business (15 Dec 2015)

Jim Walsh: That is not an adequate response.

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

Jim Walsh: With the Minister of State's amendment, we have ended up diluting what is in the Bill. Will he give us an explanation? The Bill, as published, stated, "on conviction on indictment, to imprisonment for a term not exceeding 10 years." We have diluted that to a fine or imprisonment. In other words, we are leaving it to the discretion of the Judiciary. I would be of a view that an offence...

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

Jim Walsh: People should not be able to get away with a mere fine, which would not be related to the capacity to pay. It should be imprisonment, full stop. The term of imprisonment should be at the discretion of the judge. We should not remove mandatory imprisonment.

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

Jim Walsh: I take the Minister's point that, in general, the option of "fine or imprisonment" applies right across all statutes. However, it is not universal within our Statute Book. If my memory serves me right there is mandatory imprisonment for offences regarding drug pushing. We have seen that sanction ignored by our Judiciary which, unfortunately, is a law unto itself when it comes to these...

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

Jim Walsh: As legislators we should collectively say that this is an offence which is countenanced under no circumstances and that it is taken seriously. If a person engages in any way in this exploitation or encourages others, or engages in or encourages others to pay for or set up the exploitation - there is specific reference to the sexual exploitation of children - then one pays the price. That...

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

Jim Walsh: I thank the Minister of State for his reply and explanation but neither have fully reassured me. I can understand from where he is coming a little better. This section is about obtaining or providing a child for the purposes of sexual exploitation so there is an intent. I agree in terms of the section on summary convictions, which would be dealt with in the District Court, and I have not...

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

Jim Walsh: I am discussing the age of consent.

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

Jim Walsh: Can I explain? I am referring to section 3(6), which deals with the age of 18 years. All I am asking is that the Minister of State, perhaps in this legislation or, if not, a future Bill, would consider having a situation where somebody of 40 or 50 years of age is regarded more seriously. The committee recommended that if there was a ten-year age gap, then the offence should be regarded...

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

Jim Walsh: It may be appropriate to ask the Minister of State to look at this section. There is a name on the question of an age difference, although I cannot remember what it is. It could become part of the age of consent issue and how it is framed and adjudicated by the Judiciary. I recall at committee meetings we had suggested a ten-year age gap.

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

Jim Walsh: I endorse Senator van Turnhout's comments. The scientific research on all family types done in this regard shows that, by a significant degree, the highest at-risk situation for children is where a single mother cohabits. In such situations, the child is substantially at risk of sexual exploitation and physical and fatal injury. It would be essential not to permit a lacuna in the law...

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

Jim Walsh: I welcome any moves which deal with the exploitation of vulnerable people. The people in question are women in the main, although some of them are men. I welcome any protection that is given to those who are trafficked in particular. It is extraordinary that in this day and age, we have moved back to a slavery trade that is probably more extensive than it has been at any time in history.

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

Jim Walsh: It is appalling that this trade is even more extensive than it was in the 19th century. It has not been addressed by the international community as comprehensively and energetically as it needs to be. Anything that protects these women in particular is essential and I welcome it. I also welcome the steps that are being taken to protect women who are vulnerable by reason of drug addiction....

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

Jim Walsh: I do not think being poor should ever be regarded or accepted as a justification for resorting to any criminal activity. I do not think this proposal should apply in certain situations. I refer to women who do this voluntarily. I am not speaking about those who do it out of financial necessity, because they are addicted to drugs, because they are being trafficked or because their pimps -...

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