Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

Amendment No. 32 corrects a drafting error. The word "not" was omitted in error from paragraph (4) of Part 1 of Schedule 1. The offence under section 3 of the Criminal Law (Sexual Offences) Act 2006 of defilement of a child under the age of 17 provides that where the person over 17 is not more than 24 months older than the person under 17, the person may not be subject to the provision of the Sexual Offenders Act 2001. Paragraphs (2) to (4), inclusive, of Part 1 of Schedule 1 set out the circumstances in which certain sexual offences are not to be considered as such for the purpose of the Act and can consequently become spent.

As drafted the paragraph makes no sense as it would allow cases where there was an age difference of more than two years to become spent while not allowing cases where the age difference was less than two years to become spent. This is clearly not the intention and the amendment rectifies the position.