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Dáil
‹ Order of Business

Criminal Law (Sexual Offences) Bill

Summary

Deputies disagreed over whether the Bill should be rushed through all Stages: supporters prioritised its passage, while others cited concerns about consent, prostitution and the treatment of vulnerable people. The House confirmed that only Second Stage would proceed, after which Members exchanged closing tributes to retiring colleagues and the Leas-Cheann Comhairle.

I want to return to No. 2 on the Order of Business, which is the Criminal Law (Sexual Offences) Bill 2015. I raised this with the Taoiseach last week. It is absolutely critical that this substantial legislation is not rushed through. I was somewhat surprised to hear Opposition Deputies saying that all Stages of the Bill should be taken today. There are significant issues-----

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

We have dealt with this matter already.

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There was no agreement.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

As the Tánaiste explained, the Second Stage debate is to be taken today.

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It is important for this to be clarified. Significant issues like consent, sexual offences and prostitution arise in the context of this Bill. Many submissions have been made by groups like the National Women's Council and the Rape Crisis Centre. The whole issue of consent is not covered in the Bill. There are many gaps in the legislation. It is much better not to rush through legislation than to have bad law. Even though I am anxious to see certain aspects of this Bill go through, it is really important that it is not rushed. I raised this matter with the Taoiseach last week. I ask the Opposition to agree that it should not be rushed.

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I thought this was agreed.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

We have discussed it.

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I will clarify the position for the Deputies who have just come in. There was a discussion earlier.

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That is why I came in.

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The spokespeople for the Fianna Fáil, Sinn Féin, Labour and Fine Gael parties all agreed that the passage of this legislation is highly desirable. Therefore, a proposal was offered that would have seen the legislation dealt with today. All Stages would have been passed, provided there was agreement. Deputy Catherine Murphy, on behalf of the Independents and the Technical Group, advised the House that although she is personally strongly in favour of this legislation, she is aware that some Deputies in the Technical Group, including some Independents, are not in favour of it. I regret to say that we were not able to get the agreement of the entire House on this important legislation, which deals with people who buy sexual services and offers some level of protection to very vulnerable women who are involved in prostitution. Clearly, that is reflected in Deputy Coppinger's comments now.

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The legislation is just offered-----

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I ask the Tánaiste not to distort the position-----

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The legislation will be taken on Second Stage.

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-----that was put by Deputy Coppinger.

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She can speak for herself.

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As the Tánaiste knows well, Deputy Coppinger is a champion for working-class women-----

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

This is an election speech.

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It is out of order.

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-----including the most oppressed who are forced into prostitution.

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This is out of order.

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There are elements of the Bill that we strongly support, but equally there are elements of it that represent a step backwards. The legislation proposes to criminalise people in the most vulnerable situations.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

I have to call the next speaker.

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That is why it should not be rushed through today. There should be a proper discussion and debate on it.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

We dealt with that earlier.

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There was a lack of clarity on this. We were not sure whether the item was being removed.

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We are just doing Second Stage today.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

Yes.

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Will Second Stage be completed today?

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No.

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It will carry on as the agenda was initially.

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Yes.

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Sex workers and important human rights organisations like Amnesty International have expressed significant concerns about this legislation, which absolutely deserves further scrutiny. That is why we opposed the proposal made earlier.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

I assume Deputy Wallace wants to make the same point.

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Yes. I am glad this is not being rushed through.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

All right. Before we conclude the Order of Business, Deputy McGinley wishes to say something.

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Go raibh maith agat, a Leas-Cheann Comhairle. There seems to be general agreement now that the remaining days of this Dáil are numbered. The Leas-Cheann Comhairle and I are among those who definitely will not be members of the next Dáil. It has been a privilege to represent the people of Donegal South-West for so many years in this House. I notice that my constituency colleagues, Deputies Pearse Doherty and Thomas Pringle, are present in the Chamber. I can assure them without fear of contradiction that I will not be making a comeback this time, unlike what happened ten years ago.

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It is not too late yet.

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It has been a great privilege to be here. I consulted the Official Report today to recall my first speech in the Dáil. I was allowed to speak on the Sea Fisheries (Amendment) Bill 1981 for an hour entirely as Gaeilge. I do not think the Leas-Cheann Comhairle would be as liberal with speaking time as his predecessor was on that occasion. I suppose there was length in the speech anyway, whatever about its content. It has been a privilege to serve here under six taoisigh and five leaders of my own party. Since that time, there have been five leaders of the Leas-Cheann Comhairle's party and the Labour Party as well. There has been just one leader of Deputy McDonald's party and I suppose he will be here for a while yet. It has been a great privilege to be here.

Given that my first speech was in Irish, ba mhaith liom deireadh a chur le mo chuid cainte sa Dáil trí mheán na Gaeilge freisin. Is mian liom buíochas a thabhairt do na daoine i dTír Chonaill a thug tacaíocht dom in olltoghchán i ndiaidh olltoghcháin le breis agus 30 bliain. Ba mhaith liom buíochas a thabhairt do na daoine uilig eile a thug tacaíocht dom, ina measc baill de mo theaghlach féin a thug tacaíocht dom i gcónaí. Ba mhaith liom chomh maith buíochas a thabhairt d'oifigigh an Oireachtais - the staff of these Houses - fá choinne chomh cuirtéiseach agus chomh cuidiúil a bhí siad i rith an tréimhse atá caite agam anseo. Ní bheidh mé ar ais. Ba mhaith liom buíochas a thabhairt duit féin, a Leas-Cheann Comhairle. Feicim go bhfuil an Teachta Ó Coinn anseo. Tá súil agam go mbeidh gach duine eile anseo ar ais. I hope everyone here who is going forward in the election will be back again. Thank you very much. Go raibh míle maith agaibh.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Hear, hear.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

I missed out on Deputy Eric Byrne. I apologise to the Deputy.

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Eric J. Byrne Deputy Eric Byrne Labour Party

It is no problem, a Leas-Cheann Comhairle. I want to wish everyone who is retiring this year the best of luck. In particular, I want to congratulate you, a Leas-Cheann Comhairle, and your family. The Kitt family is very much ingrained in Dublin South-Central. We know your extended family on a personal basis. It is a great honour to the Kitt name that Fr. Kitt Court in Crumlin was officially named after a member of that family who was the parish priest of St. Agnes's parish in Crumlin when it gave Dublin City Council the land on which this most magnificent senior citizens' accommodation was built. I wish the Leas-Cheann Comhairle a great retirement.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

Thank you.

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Eric J. Byrne Deputy Eric Byrne Labour Party

As I have said, I know some of the Kitt family personally.

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Michael P. Kitt An Leas-Cheann Comhairle Fianna Fáil

That definitely concludes the Order of Business. We have extended the time a little this morning. As Gay Byrne says, "it may all be true". If it is true, that brings the extended Order of Business to a finish.

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