Seanad debates

Wednesday, 7 March 2007

Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages

 

1:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

I move amendment No. 5:

In page 5, paragraph (a), between lines 35 and 36, to insert the following:

"(1A) (a) A person commits an offence if—

(i) he or she intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(ii) doing it will involve the commission of an offence under the Criminal Law (Sexual Offences) Act 2006.

(b) A person guilty of an offence under this subsection is liable—

(i) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding €5000 or both,

(ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years.".

I again apologise to the Minister. I am doing my best in somewhat constrained circumstances. A valid point is raised in the amendment about the offence of grooming, per se. The consequences of grooming are being dealt with here, but the offence of grooming is not. The amendment seeks to establish that if somebody arranges or facilitates something that he intends to do, or believes another person will do, in any part of the world, that will involve the commission of an offence. That is what constitutes grooming. It is not the follow-up or meeting; it is creating the conditions out of which the meeting arises. That is what our amendment endeavours to deal with in this case.

I will listen carefully to what the Minister says on this matter. I understand it is similar to legislation in a nearby jurisdiction. That is not to say it is any reason to believe it is correct because they are developing peculiar laws over there at present. Nevertheless, the issue is whether grooming is covered without it being an offence to arrange, as distinct from to carry out, an action.

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