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Proposed Legislation

Dáil Éireann Debate, Wednesday - 18 May 2011

Wednesday, 18 May 2011

Ceisteanna (14)

Mary Lou McDonald

Ceist:

38 Deputy Mary Lou McDonald asked the Minister for Justice and Equality his plans to introduce a Sexual Offences Bill that will consolidate and modernise all criminal law in the area of sexual offences; and if he will make a statement on the matter. [11862/11]

Amharc ar fhreagra

Freagraí ó Béal (5 píosaí cainte)

While there is undoubtedly a case for consolidating the law on sexual offences for greater accessibility, my immediate priority is to implement a commitment in the Government's legislative programme to bring forward legislation to enhance the protection of children and other vulnerable persons from sexual exploitation and abuse. My Department has been conducting a wide-ranging examination of the law on sexual offences. This takes account of the recommendations of two Oireachtas committees and the requirements of a number of international legal instruments. An evaluation of the Sex Offenders Act 2001, including public consultation on the management of convicted sex offenders, and a review of the law on incest formed an integral part of this work.

The review is close to completion and I expect to bring legislative proposals to Government in the coming months. When this priority work is more advanced, consideration can then be given to consolidating sexual offences legislation, an objective which I believe is very desirable to achieve.

We spoke previously in this House about our inability to compel judges to go on training courses. Will we provide training courses on sexual violence and abuse? Has the Minister given any consideration to establishing a corps of specially trained prosecutors to deal with sexual violence and abuse cases?

As the Deputy knows, the Judiciary is independent. Neither this House nor the Government can compel members of the Judiciary to undergo any specific or particular training. The Judiciary has established its own body to deal with specific issues and to inform itself and keep up to date on areas in which it is engaged. It is open to the Judiciary to do so in the context of this area.

Was there a second part to the Deputy's question?

It was about whether there is a plan to have specially trained prosecutors.

At present there are no plans to do so. A considerable number of persons are instructed by the Director of Public Prosecutions to prosecute offences. The DPP is rightly independent in the function he performs in selecting those to process prosecutions. I would expect that the DPP in doing so does pay regard to the expertise of those who are asked to process prosecutions on his behalf.

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