Seanad debates

Friday, 2 June 2006

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

 

5:00 pm

Photo of John Paul PhelanJohn Paul Phelan (Fine Gael)

I only need two minutes. I welcome the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, to the House. I have listened to much of the debate in the two Houses and Fine Gael will be supporting this important Bill. We have legitimate questions and I seek answers to questions already raised by my colleagues. Many of my reservations relate to section 5 which is unclear and leaves a potential loophole in the Bill as it is currently drafted. The Government did not wish to stigmatise girls who fall pregnant between 15 and 17 years of age and this is a point on which we all agree. However, my understanding on reading the Bill is that a girl in that category who commits a sexual act other than intercourse may be convicted of an offence. This sends a mixed message about other areas of the Bill. I have difficulty with other sections also.

Nobody in either House wishes to see a girl of 14 or 15 years of age, who has been attacked in this way, subjected to a strong cross-examination in any court with her clothes and behaviour brought into question. However, it is within the remit of the Minister to see that video evidence be used so that a girl in that position would not be subject to a full interrogation by senior counsel and he should do so. The Law Reform Commission has already set out guidelines on how video evidence should work. I suggest in future, if such a victim is in the witness box, rather than a senior counsel questioning her, perhaps a child psychologist or someone in a similar position could ask the questions supplied by the senior counsel to avoid traumatising the girl.

I will support this Bill but I have reservations about certain areas. I respect the Minister as a man of ability but he has not handled this issue well. He made a joke of some of these issues on national radio last week. He spoke of randy 23 year olds but some of his activities over the past ten days suggest he has acted as a randy 23 year old in his treatment of the Dáil and people who have asked serious questions. It is my role as an Opposition spokesperson to ensure the Government is held to account and I will not be stopped from asking questions at any opportunity I get.

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