Seanad amendments Nos. 1 to 11, inclusive, are related and will be discussed together.
Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Section 20: In page 14, between lines 2 and 3, to insert the following:
“ “relevant person” means a person who has—
(a) a physical disability,
(b) a mental or intellectual disability, or
(c) a mental illness,
which is of such a nature or degree as to severely restrict the person to guard himself or herself against serious exploitation;”.
Does any Member wish to comment on the Seanad amendments?
The Minister of State might go through the exact import of each Seanad amendment.
Amendments Nos. 1 to 11, inclusive, are technical amendments which are to replace the word "vulnerable" with "relevant". The reason for that is that the word "vulnerable" has a more particular meaning in a number of other places in legislation. This is to avoid confusion in relation to it. A vulnerable person is currently defined in the Bill as a person with capacity issues. However, a position of vulnerability is also used in relation to trafficked persons, which is construed more broadly. The Office of the Director of Public Prosecutions raised concerns that these terms could be conflated, which risked narrowing the interpretation of position of vulnerability. To address the issue, the amendments define a person with capacity issues as a relevant person and provide for the associated changes in terminology in relation to that. The purpose of the change is to avoid confusion.
Seanad amendment agreed to.
Seanad amendment No. 2:
Section 20: In page 14, line 29, to delete “exploitation;” and substitute “exploitation.”
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 20: In page 14, to delete lines 30 to 35.
Seanad amendment agreed to.
Seanad amendment No. 4:
Section 27: In page 19, line 19, to delete “vulnerable” and substitute “relevant”.
Seanad amendment agreed to.
Seanad amendment No. 5:
Section 28: In page 19, line 38, to delete “vulnerable” and substitute “relevant”.
Seanad amendment agreed to.
Seanad amendment No. 6:
Section 29: In page 21, line 4, to delete “vulnerable” and substitute “relevant”.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 30: In page 23, line 8, to delete “vulnerable” and substitute “relevant”.
Seanad amendment agreed to.
Seanad amendment No. 8:
Section 33: In page 26, line 20, to delete “vulnerable” and substitute “relevant”.
Seanad amendment agreed to.
Seanad amendment No. 9:
Section 36: In page 28, line 14, to delete “vulnerable” and substitute “relevant”.
Seanad amendment agreed to.
Seanad amendment No. 10:
Section 36: In page 28, line 15, to delete “vulnerable” and substitute “relevant”.
Seanad amendment agreed to.
Seanad amendment No. 11:
Section 36: In page 28, line 18, to delete “vulnerable” and substitute “relevant".
Seanad amendment agreed to.
Seanad amendments reported.
Agreement to the Seanad amendments is reported to the House. A message will be sent to the Seanad acquainting it accordingly.
A great way to do business.
The period of reflection in the morning helps.