I move amendment No. 1:—
In page 2, Section 1, line 21, to delete the word "similar"; and in line 22, immediately before the word "to" to insert the word "similarly".
I have submitted this amendment, a Chathaoirleach, as a suggested improvement on the definition of the word "indecent" in the definition part of Section 1. Before the discussion on the last day I tried, so far as I could, to interpret what the meaning of the word was, and during that discussion Senator Magennis who, if anybody, should know what the meaning of these various definitions was, after so many years of trying to implement them, said:
"I do not profess to understand the remaining part of the definition —‘or likely in any other similar way to corrupt or deprave'—because I do not know what a ‘similar way' might be."
Now, that statement impressed me immensely on the last occasion and, during the interval, I tried to suggest to the House a better definition. Accordingly, I am now suggesting that the deletion of the word "similar" in line 21, and the insertion of the word "similarly" before the word "to", in line 22, would make the definition clearer. The definition would then read: "the word ‘indecent' includes suggestive of, or inciting to, sexual immorality or unnatural vice or likely in any other way similarly to corrupt or deprave". The insertion of the word "similarly" there would qualify the words "corrupt or deprave". During the previous discussion it was emphasised that this Bill refers to one type of immorality only: that is, immorality of a sexual nature. For that reason, I suggest that it is well to clarify the definition and remove the indefiniteness in which it is now. I agree with Senator Magennis that the phraseology used at present in the definition section does not make sense.
To use the phrase as it is at present: "likely in any other similar way to corrupt or deprave", would seem to qualify whether the word "indecent" was suggestive of, or inciting to, sexual immorality or unnatural vice. I think the House should agree with me that the transposition of the word, in the manner that I have suggested in my amendment, would be more intelligent, and that the deletion of the word "similar" where it occurs, and the insertion of the word "similarly" before the words "to corrupt or deprave" would remove the qualification which at present seems to apply to the word "way". I hope I have made myself clear, but at any rate I think that the proposal in my amendment is clearer than the wording in the present definition section of the Bill, and for those reasons I commend the amendment to the House.