Seanad debates

Friday, 2 June 2006

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

 

6:00 pm

Photo of Brian HayesBrian Hayes (Fine Gael)

The concern raised by Senator Walsh is adequately dealt with given that "person in authority" means a parent, step-parent, guardian, grandparent, uncle or aunt of the victim. The other point raised by my colleague in regard to the Law Reform Commission report seeking a broader definition of a victim is important. Earlier this week Senator Maurice Hayes reminded the House that too often we have heard and read significant reports from the Law Reform Commission which are not acted upon either by Government or Opposition. Where the Law Reform Commission makes a recommendation, such as that contained in our amendment No. 1, we have an opportunity to reflect on it and attempt to implement it in law when the opportunity arises.

The difficulty we have on Committee Stage is a procedural one. I presume the Government cannot accept any amendment for the reason that it would have to go back to the Dáil for approval, which would have the effect of slowing up the entire process. I am mindful of that but it does not prevent me from making the argument. That point, which is a significant one, was made earlier in the week by Senator Maurice Hayes. Where considerable expertise in this area of law has been brought to bear on a recommendation such as this from the Law Reform Commission, it would be unwise to rule it out of order immediately or not to consider it. It might well be an issue the committee, which the Minister and the Minister of State have said ought to be established, could examine. It would be unwise for any part of the Legislature to rule out of order immediately a proposal from the Law Reform Commission which in essence gives a much broader definition in the context of section 1.

Comments

No comments

Log in or join to post a public comment.