Brendan Smith (Cavan-Monaghan, Fianna Fail)

Before and after the Second Stage debate in this House the Department, the Parliamentary Counsel and the Office of the Attorney General considered this matter. The robust advice to us is that our amendment will deal with the issue in the most comprehensive way. We all want to achieve the elimination of such behaviour, if possible, or to minimise it to the greatest extent possible. A threat of prosecution will never equal the reality of effecting prosecution and ensuring the person involved would be criminalised. Threats do not always work. Introducing a criminal offence for educational purposes would not be the best of law in any circumstances. I do not have any legal training but offences must be such that they can be prosecuted.