Seanad debates

Tuesday, 14 February 2017

Criminal Law (Sexual Offences) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I will speak very briefly because I recognise that there already three lawyers at work, engaging in detailed discussion of the potential and likely processes through the courts of these various offences.

I want to highlight one point which is important from my perspective. We are on section 22 and we will move to amendment No. 4 and the question of a person in authority. While there may be a debate on whether 14 years or ten years is the appropriate severity of penalty, the crucial point is that this legislation recognises two distinct areas of vulnerability and exploitation which are not currently tackled in the Statute Book. We may well find ourselves talking about this in a number of years. I am sure if we laid all the provisions of our criminal legislation alongside each other, we could argue over which is less serious and which is not. The question of burden of proof has been addressed. There are a number of crimes and a number of ceilings that are hit at different points.

I accept there may be much merit in what Senator McDowell is saying in this respect and I believe it has not been fully answered. We are addressing situations in which persons are exploited and where there is a breach of trust. I will speak specifically, because we will come to it, and I am not sure how the groupings work now that we are on Committee Stage, but I know that amendment No. 4 is in respect of-----

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