Seanad debates

Wednesday, 8 March 2023

Sex Offenders (Amendment) Bill 2021: Committee Stage

 

10:30 am

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I certainly hear the Senator and his sentiments. I cannot comment on anything regarding the Defence Forces. I am here from the Department of Justice. I can say that the Sex Offenders Act 2001 and the Bill before us are clear that the sex offenders legislation applies as much, and equally, to a situation in any court, whether that court has criminal jurisdiction or is a court martial. The law is clear at the moment. Unfortunately, the amendment does not actually change the law but simply repeats what is already the law. There is always a concern that if one accepts an amendment which creates duplication, that can be interpreted by the courts as somehow changing the law. I cannot comment on the Senator's concerns, save that those concerns are not with this legislation and the amendment will unfortunately not change the law in that respect. I think the concerns need to be addressed elsewhere.

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