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Thread: Criminal law (sexual offences) bill 2014

  1. #1
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    Default Criminal law (sexual offences) bill 2014

    http://www.justice.ie/en/JELR/Genera...ll)%202014.pdf

    click in the above link for the proposed wording of the new law

    This is the section that we are most interested in

    Head 10 New section 5A in Act of 1993
    (offence of purchasing sexual services)
    Provide that –
    The following section is inserted after section 5 of the Act of 1993
    “Offence of purchasing sexual services
    5A(1) For the purposes of this head, the term “sexual service” shall have the same meaning as the term “sexual activity.”
    (2) Where, in the context of prostitution, any person who purchases a sexual service from another person, in any place, he or she shall be guilty of an offence.
    (3) A person guilty of an offence under this section shall be liable on summary conviction to:
    (a) a class E fine, in the case of a first conviction, or
    (b) a class D fine, in the case of a second or subsequent conviction.
    (4) Any person who attempts to purchase a sexual service from another person, in any place, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.”

    And this too

    Head 11 New section 5B in Act of 1993
    (offence of purchasing sexual services from a trafficked person)
    Provide that –
    The following section is inserted after section 5 of the Act of 1993
    Offence of purchasing sexual services from a trafficked person
    5B(1) For the purposes of this head, the term “sexual service” shall have the same meaning as the term “sexual activity.”
    (2) For the purposes of this head, the term “trafficked person” shall have the same meaning as in section 5 of the Criminal Law (Human Trafficking) Act 2008.
    (3) Where, for the purposes of the prostitution of a trafficked person, a person knowingly purchases a sexual service from that person, in any place, he or she shall be guilty of an offence.
    (4) A person guilty of an offence under this section shall be liable:
    (a) on summary conviction to a class A fine, or a term of imprisonment not exceeding 12 months, or both; or
    (b) on conviction on indictment to a fine or a term of imprisonment not exceeding 5 years, or both.
    (5) Any person who attempts to purchase a sexual service from a trafficked person, in any place, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.



    The use of the term "sexual service" would suggest they will be including "happy ending massages" and dominatrix services.
    Do know what a class D and class E fines mean

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  3. #2
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    This is the procedure it will follow / has begun following
    (For anyone curious about timeframes etc .......or how it actually comes to be legislation)



    Apart from the European Union, the Oireachtas is the only institution in Ireland with power to make laws for the state. The Oireachtas consists of the President, and the two Houses of the Oireachtas: Dáil Eireann and Seanad Eireann.

    A new law in Ireland, starts life as a "Bill". A Bill, is a proposal for legislation. Apart from Private Members' Bills, Bills are usually initiated by the Government.

    A Bill may be commenced in either the Dáil or the Seanad but it must be passed by both Houses to become law. Usually, Bills are commenced in Dáil Eireann.

    Before it is introduced to the Dáil, the contents of the Bill are approved by the Government. Usually there will be a process of consultation with Government departments and groups likely to be affected by the Bill. (Examples of these groups may include voluntary organisations, lobby groups, members of the public, etc.)

    Sometimes, the Government will publish a "Green Paper". A Green Paper is a discussion document setting out ideas and inviting comment and views from individuals and relevant organisations.

    The Bill is then put before the Dáil for a general debate on the principles of the Bill. Members of the Dáil may make suggestions for amendments and additions to the Bill.

    The Bill is then sent to committees to be examined section by section. After the committee stage, more amendments may be made to the Bill.

    The final stage in the process is a debate in the Dáil, confined to the contents of the Bill. The members of the Dáil will then vote on whether to pass the Bill. There is a system of electronic voting in place that allows members to vote by pressing a button at their seat to indicate whether they vote for or against the proposed legislation.

    The Bill will then be sent down to the Seanad to go through the entire process of debate and committee examination again. The Seanad has 90 days (or any longer period agreed by both Houses) to consider the Bill and do one of the following:
    •Pass the Bill without any amendment or
    •Reject the Bill completely or
    •Return the Bill to the Dáil with amendments

    If the Seanad rejects the Bill or returns it to the Dáil with amendments that the Dáil does not accept, the Bill will lapse after 180 days. The Dáil may, within those 180 days, pass a resolution declaring that the Bill is deemed to have been passed by both Houses. This provision means that the Seanad cannot generally stop the Dáil from introducing legislation - it can only cause delays.

    "Money Bills" are Bills that relate to taxation or relate to spending by the Government. The Seanad has only 21 days to consider these Bills.

    Once the Bill has been passed by both Houses, the Taoiseach presents a copy of the Bill to the President for signature. Once the President has signed the Bill it becomes an "Act" and has legal force. You can view all Irish legislation 1922 to date here.

    When the Bill comes to the President for signature, he or she does have an important power. If he or she considers that the new Bill may conflict with the Constitution, he or she may, after consultation with the Council of State, refer the question of whether or not the Bill is constitutional to the Supreme Court. The Supreme Court must then decide whether or not the Bill is constitutional before it can be made law.
    Last edited by xagerate; 27-11-14 at 19:52.

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  5. #3
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    From the Fines Act 2010


    PART 2

    Increase of Fines

    Definitions.

    3.— In this Part—

    “class A fine” means a fine not exceeding €5,000;

    “class B fine” means a fine not exceeding €4,000;

    “class C fine” means a fine not exceeding €2,500;

    “class D fine” means a fine not exceeding €1,000;

    “class E fine” means a fine not exceeding €500;

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  7. #4
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    I also note no mention of changes to laws re sex workers them selves so I take it that the provisions of the 1993 Act still will apply so soliciting in public places and brothel keeping for sex workings using the same premises will remain as they were.

    Also no mention of the more repressive recommendations of the Justice Committee report, eg disabling phone numbers, hammering landlords and hotels, treating the viewing of online escort ads as being the same as view child pornography.

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  9. #5
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    From the Bill



    “sexual activity” means an activity that a reasonable person would, in all the circumstances, consider to be sexual

  10. #6
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    Red face

    N
    Quote Originally Posted by dob View Post
    From the Fines Act 2010


    PART 2

    Increase of Fines

    Definitions.

    3.— In this Part—

    “class A fine” means a fine not exceeding €5,000;

    “class B fine” means a fine not exceeding €4,000;

    “class C fine” means a fine not exceeding €2,500;

    “class D fine” means a fine not exceeding €1,000;

    “class E fine” means a fine not exceeding €500;
    As per above:Purchasing sexual services,
    First offence-fine of 500 euro.
    Subsequent conviction-fine of 1000 euro.
    Irish Independent today.

  11. #7
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    Quote Originally Posted by talkabout View Post
    N

    As per above:Purchasing sexual services,
    First offence-fine of 500 euro.
    Subsequent conviction-fine of 1000 euro.
    Irish Independent today.
    Government Set To Become The Nastiest Pimp Of All!

    Ride them on the beaches!

  12. #8
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    Quote Originally Posted by dob View Post
    I also note no mention of changes to laws re sex workers them selves so I take it that the provisions of the 1993 Act still will apply so soliciting in public places and brothel keeping for sex workings using the same premises will remain as they were.

    Also no mention of the more repressive recommendations of the Justice Committee report, eg disabling phone numbers, hammering landlords and hotels, treating the viewing of online escort ads as being the same as view child pornography.
    Well We are not at the endgame yet! But one thing is absolutely guaranteed no good will come from the sections which have relevance to us in it! Also under the relevant section, you still have to know that a person was trafficked for sexual exploitation to be convicted if dealing with a trafficked person, when this should be a strict liability offence as in England and Wales!
    Ride them on the beaches!

  13. #9

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    For the sake of speed and making money I am sure there will be a fixed penalty of €100 for those punters not prepared to fight in court. It will become a handy revenue stream.

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  15. #10
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    “Offence of purchasing sexual services
    5A(1) For the purposes of this head, the term “sexual service” shall have the same meaning as the term “sexual activity.”
    (2) Where, in the context of prostitution, any person who purchases a sexual service from another person, in any place, he or she shall be guilty of an offence.
    (3) A person guilty of an offence under this section shall be liable on summary conviction to:
    (a) a class E fine, in the case of a first conviction, or
    (b) a class D fine, in the case of a second or subsequent conviction.
    (4) Any person who attempts to purchase a sexual service from another person, in any place, he or she shall be guilty of an offence and shall be liable on summary conviction to a class E fine.

    "In Any Place"
    might actually lead to an unexpected consequence (or may be it's intended) it effectively could make our beloved Minister For The Interior, The Minister For The Interior For The Whole World (she would love that!)
    It could be interpreted as granting our criminal law extra territorial power!
    Ride them on the beaches!

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