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The Party has received the draft legislation and has
discussed its contents with the Minister for Justice and opposition
colleagues.
Green Party Justice spokesperson Ciarán Cuffe TD said: "I received a
draft copy of this legislation earlier this afternoon. While I
welcome the efforts made by the Minister and his staff, there are a
number of areas that still require clarification.
"The draft legislation should be referred to the Ombudsman for
Children for her comment and advice. The Ombudsman for Children has
a statutory obligation to advise the Minister on any matter relating
to the rights and welfare of children under Section 7(4) of the
Ombudsman for Children Act, 2002.
"Article 3 of the UN Convention on the Rights of the Child states
that in all actions concerning children, the best interests of the
child shall be a primary consideration. This principle should be
incorporated into the legislation.
"The proposed Section 5 (1) of the draft legislation which states
that 'a female child under the age of 17 years shall not be guilty
of an offence by reason only of her engaging in an act of sexual
intercourse' is contentious. It stands at odds with the principle of
equality. A better solution might be to put in place a lesser
offence for fifteen and sixteen year olds and sexual partners who
are less than three years older than them.
"Given the rushed nature of the legislation, it may be wise to
impose a 'sunset clause' within the legislation in order that the
Oireachtas revisits the issue within two years," concluded deputy
Cuffe.
Ciarán's recent press releases on
this issue:
31 May 2006
Green Party repeats call for amendment solution to statutory rape
loophole
- Following unproductive briefing meeting with Minister
for Justice this evening
31 May 2006
Green Party proposes new amendment to close loophole in Statutory
Rape Law
30 May 2006
Green
Party calls for immediate introduction of statutory rape legislation
26 May 2006
Green Party repeats call for immediate
legislative reform to protect young people
24 May 2006
Green Party calls for immediate
legislative reform to protect young people |