Seanad debates

Friday, 2 June 2006

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

 

6:00 pm

Photo of David NorrisDavid Norris (Independent)

I welcome the Leader's indication that she will be flexible and will review the time allowed for the debate. It is important that every Member who wants to make a contribution on the amendments can do so. The amendments should be taken. Senator Hayes made a good point in highlighting that less than a third of the amendments tabled in the Dáil were taken — they were not even heard. It is important that we should be given the opportunity to deal with them.

The Minister mentioned the question of mens rea. The principle of mens rea — if I am correct in my understanding of this and the Minister of State who is a barrister will be able to correct me — was contemplated by the 1885 Act but was dropped in the 1935 Act, which was odd. That is where all the trouble comes from. There was an oversight there. The Minister of State dealt with the question of honest doubt as opposed to reasonable doubt. He has perhaps short-circuited the debate on one of my amendments by giving me at least part of the answer. I will leave it at that as other Members wish to make extensive contributions on their amendments.

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