Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697742558997.pdf (Guyana)
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 .4; NATIONAL ASSEMBLY OF THE SECOND SESSION OF THE EIGHTH PARLIAMENT OF GUYANA (2002 - 2005) REPORT of the SPECIAL SELECT COMMITTEE On the AGE OF CONSENT BILL 2004 (Bill No.

22/2004) Presented to the National Assembly By the Chairman of the Committee on 4th August, 2005.

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 REPORT OF THE SPECIAL SELECT COMMITTEE OF THE NATIONAL ASSEMBLY ON THE AGE OF CONSENT BILL 2004 BILL NO.

22/2004 I) Publication of Bill The Age of Consent Bill 2004 (Bill No.

22/2004) which seeks to amend the Criminal Law (Offences) Act and the Marriage Act was published on 29th November, 2004.

Introduction and Pint and Second Readings 2.

The Bill was introduced in the National Assembly and read the first time on 29th November, 2004.

3.
3.

It was debated and read the second time on 9th December, 2004.

Committal to Select Committee 4.

Following its second reading the Bill was committed by the National Assembly for consideration by a Special Select Committee.

Members of the Special Select Committee 5.

At a meeting on l 6th December, 2004 the Committee of Selection nominated the following Members to comprise the Special Select Committee to consider the Age of Consent Bill 2004: 1 From the People's Progressive Party/Civic (51 The Hon.
Gail Teixeira, M.P., Minister of Culture, Youth & Sport The Hon.

Rev.

Dr. Ramnauth D.A.

Bisnauth, M.P., Minister of Labour, Human Services & Social Security The Hon.

Doodnauth Singh, S.C., M.P., Attorney General & Minister of Legal Affairs The Hon.

Bibi S. Shadick, M.P., Minister in the Ministry of Labour, Human Services & Social Services Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P., Parliamentary Secretary From the People's National Congress/Reform Mrs. Clarissa S. Riehl, M.P.
Mrs. Voids Lawrence, M.P.

From the Guyana Action Party/Working People's Alliance Mrs. Sheila V.A.

Holder, M.P., Deputy Speaker From the Rise, Organise And Rebuild (ROAR) Mr. Ravindra Dev, M.P.

First Meeting of the Committee — Election of Chairman 6.

 The first meeting of the Committee was held on Wednesday, 211° March, 2005, at which the Hon.

Rev.

Dr. Ramnauth D. A. Bisnauth, M.P.

was elected Chairman of the Committee.

Other Meetings of the Committee 7.


 The Committee met on five other occasions.

2 Consultation Process 8.

The Committee felt that it would not make a decision on the pertinent clauses until it canvassed the views of the wider public.
To this end it invited members of the public through the media — newspapers, radio and television — to submit their views in writing to it on the change of the "age of consent", and if they were desirous, to indicate their willingness to appear before the Committee to give oral evidence.

9.

The Committee also took into consideration the group that the Age of Consent Bill seeks to protect.

It was agreed that students of upper forms of Secondary and Community High Schools were representative of that group.
The Committee, therefore, approached those students, through their Headmasters and Headmistresses, to submit their views on the Bill.

10.

The deadline given to both the public and to students for their written submissions to be made was 15th April, 2005.

11.

A copy of the advertisement to initiate the consultation process with the public is at Appendix I and a copy of the specimen letter to Secondary and Community High Schools is at I 1, I I I Appendix 11 I Written Submissions 12.
The following written submissions were received: I Individuals and Organisations L Ms. Florine Dalgety Mr. C.M.
Llewellyn John Mr. Kelvin Mc Kenzie, Mr. Baldeo Persaud Mr. Rockcliffe P. Pitt 3 Mr. Bramdeow Singh Mrs. Bernice Walcott Mr. Roger Williams Ms. Merle Mendonca (for sponsoring organizations numbering 64) Mr. Evan Radhay Persaud (for Indian Arrival Committee) Ms. Danuta Radzik (for Group of Persons numbering 29 & list of 37 sponsoring organisations) Ms. Josephine Whitehead (for Group of 5 Persons) Guyanese Organisation of Indigenous Peoples Consumers Advisory Bureau Guyana Consumers Association Ministry of Culture, Youth & Sport II Secondary/Community High Schools Region No.
2 (1) Department of Education (conducted survey among students of upper forms in Region 2) Region No.

3 (i) West Demerara Secondary (ii) L'Aventure Secondary (iii) Wales Community High (iv) St. John's Community High (v) Patentia Secondary Region No.

4 (1) Swami Purnananda (2) Golden Grove (3) Ann's Grove Community High (4) Covent Garden Community High 4 , I 1 I I , 1 I I I ft I I 41 1 I ft 1 I I I (5) (6) Bladen Hall Multilateral Ascension Community High Region No.
7 (1) Bartica Secondary Region No.

9 (1) Annai Secondary School Oral Evidence 13.

 The following individuals and organizations appeared before the Committee and made oral presentations in support of their written submissions: I Mr. Rockcliffe P. Pitt Mr. C.M.
Llewellyn John Mr. Roger Williams II Mr. Frederick Christian - for Groups of Persons Ms. Josephine Whitehead Ms. Beverly Harper, and Ms. Andrea Rohlehr-Mc Adam — as a Group Mr. Evan Radhay Persaud (for Indian Arrival Committee) Ms. Vidushi Persaud Ms. Jodanna Ramsay Ms. Wendy Lam Ms. Saudis Rahat Ms. Dacia Carter Ms. Mallilca Singh Ms. Elizabeth Harrilall and Ms. Brooke Edwards (on behalf of Sponsoring Organisations) 14.
The individuals made their oral presentation on 1e1 June and the organizations on e June, 2005.

5 I I I Result of Consultation 15.

At Appendix III the Committee has summarized the written submissions in a matrix.

It will be seen from this matrix that quite a few individuals, organizations and students advocate an age of eighteen years, while two submissions positively sought the retention of thirteen years.

Rejection of the Proposal for Eighteen Years 16.


Inspite of the persuasive arguments, both written and oral, for age eighteen years at which females can legally give consent for sexual intercourse, the Committee was compelled to reject that age since it is the age of majority.

Other Issues 17.
Other Issues 17.

There are some issues which arose during the Committee's deliberations and in some submissions which are worthy to be recorded in this Report: one concerns the criminalizing of young persons who engage in sexual activity.

There are proposals that such activities be treated as juvenile offences and where there are convictions under laws pertaining to juvenile offences, incarceration must be the last resort.
There are also proposals for the severity of the penalty to be based on the difference of age between the male and female.

18.

The law as it relates to the age of consent and should it be amended, discriminates against the male child who is as vulnerable as the female child and, therefore, needs the same level of protection.
What appears to be necessary is that laws in relation to sexual offences should be gender neutral, so that where the expression "a girl" is used there will be the expression "a person".

18.1 The Committee recommends that early consideration be given to the drafting and enacting of a law or laws which will deal comprehensively with sexual offences.

6 19.

 Consideration of the Clauses of the Bill 19.1 Clauses 1 to 3 were considered and agreed to as presented.
19.2 Clause 4: The Committee considered this Clause and amended paragraph (a) (i) to read as follows: `(a) (i) in paragraph (a), by the substitution for the words "twelve years" and "thirteen years" of the words "fifteen years" and "sixteen years",' respectively.

19.2.1 Paragraphs (a) (ii) and (b) were agreed to as presented.

19.2.2 Clause 4 was then agreed to as amended.


19.3 It has been brought to the attention of the Committee that the present penalty for anyone found guilty of permitting the defilement of a girl on his premises is liable to imprisonment for ten years as per amendment by Act No.

19 of 1990.

The amendment proposed in the Bill seeks to reduce the penalty to five years.

The Committee feels that imprisonment of ten years should remain.

19.4 Clause 5 should be deleted since it was addressed by Act No.
19 of 1990.

19.5 The Committee is of the opinion that this amendment which seeks to increase the age from "under the age of sixteen" to the age of "sixteen or seventeen years" would have created a new problem for a female who became pregnant at the age of fourteen years as she would now be precluded from marrying if this amendment were to be allowed.
19.6 Title of the Bill 19.6.1 With the deletion of clause 5, the title of the Bill has been amended to read — 7 "Criminal Law (Offences) (Amendment) Bill 2004" as in its amended form it affected only the Criminal Law (Offences) Act Cap.

8:01.

19.7 This amended title should indicate to the public at large that the Bill addresses the issue of statutory rape and does not give licence to a girl attaining the age of 16 years to become • sexually adventurous.
19.8 A copy of the Bill as amended is at Appendix IV.

Report of the Special Select Committee 20.

At its meeting held on 27th July, 2005 the Special Select Committee on the Age of Consent Bill 2005 unanimously agreed that this Report on the Bill should be presented to the National Assembly.

21.

The report is accordingly hereby submitted to the National Assembly.

Verbatim Records 22.


Verbatim Records of the proceedings of meetings of the Committee have been prepared and can be seen at the Parliament Office.

Minutes 23.

The Minutes of proceedings of the Committee are at Appendix V. Rev.

Dr. Run nauth D. A. Bismuth, MP.

Minister of Labour, Human Services & Social Security Chairman — Special Select Committee on the Age of Consent Bill 2004 8 APPENDIX 1 PARLIAMENT OFFICE • e of Consent Bill 2004 (Bill No.
22 of 2004) Invitation to the Public for Written Submission The Age of Consent Bill 2004 (Bill No.

22/2004) has been committed to a Special Select Committee of the National Assembly.

This Bill seeks to amend the Criminal Law (Offences) Act, Cap.

8:01, in order to increase the age of consent from thirteen (13) years to sixteen (16) years.

It also seeks to amend the Marriage Act, Cap.


45:01, to say that a female of sixteen (16) or seventeen (17) years of age may petition the High Court for permission to be married.

The Committee has begun its work but wishes to receive from members of the public, individuals as well as organizations, their views on the age of consent.

The Committee is, therefore, extending an invitation to members of the public to forward written submissions of their views on this matter not later than 15th April, 2005.
Individuals and organizations who are willing to appear before the Committee to give oral evidence should indicate this in their submissions.

All submissions must be addressed to: The Clerk Special Select Committee on the Age of Consent Bill 2004 (Bill No.

22 of 2004) Committees Division Parliament Office Public Buildings Georgetown L. Coonjah Deputy Clerk of the National Assembly 15th March, 2005 Appendix H Tel: 68456-9 Parliament Office, Public Buildings, Georgetown, Guyana.
15th March 2005 To: All Head Masters/Mistresses Secondary/Community High Schools Dear Head Master/Mistress Age of Consent Bill 2004 (Bill No.

22/2004) The Age of Consent Bill 2004 (Bill No.

22/2004) has been committed to a Special Select Committee of the National Assembly.

This Bill seeks to amend the Criminal Law (Offences) Act, Cap.

8:01, in order to increase the age of consent from thirteen (13) years to sixteen (16) years.

It also seeks to amend the Marriage Act, Cap.


45:01, to say that a female of sixteen (16) or seventeen (17) years of age may petition the High Court for permission to be married.

The Committee has begun its work but wishes to receive from members of the public their views on the age of consent.
The Committee is, therefore, extending an invitation to you to discuss the age of consent with students of the upper forms of your school and forward a written submission of their views and yours on this matter to it not later than 15th April, 2005.

Your submission must be addressed to: The Clerk Special Select Committee on the Age of Consent Bill 2004 (Bill No.
22 of 2004) Committees Division Parliament Office Public Buildings Georgetown Yours sincerely enry of Committees Division APPENDIX III SUMMARY OF SUBMISSIONS AGE OF CONSENT BILL NO 22/2004 ID NO.

NAME OF ORGANIZATION OR PERSONS 1 Mr Baldeo Persaud AGE RECOMMENDED (AGE OF CONSENT) 18 2 3 4 Mr Bramdeow Singh C M Llewellyn John, LLB (Lond), Attorney-at-Law Department of Education, Baydewan Rambarran, Regional Education Officer, Region # 3.
West Demerara Secondary School 4 (a) L' Aventure Secondary School 4 (b) Wales Community High School 4 (c) St John's Community High School 13 14 16 16 18 18 SUMMARISED REASON(S) At eighteen girls are more matured to make important decisions.

The age of consent should be the same as the age of majority.

Girls are not physically developed at age 13.

A low age of consent will reduce the rate of HIV infections and suicide.

Girls are physically and emotionally prepared for sex at age 13.
Although Mr John, accepts the age of consent to be lower , he feels problems will be created by raising it to 16 or 17 years, particularly in that of Amerindians.

At thirteen (13) a child is less capable of enduring the consequences of choices such as pregnancy and maintaining a family unit.

Early consent increases the already high STD rate and other problems related to sexually active adolescents.
teachers relationships between A low age of consent may open the gate to intimate and students.

At age 16 girls are more matured, physically, and emotionally.

They are more prepared to make decisions regarding sex and choosing a life partner.

At eighteen, the child would be mature enough to make decisions and face the consequences of that decision.

Girls below the age of 18 are not matured enough to make intelligent decisions or choice.
At age 18 persons are more responsible and are better equipped to rationalise situations and make prudent decisions.

4 (d) Patentia Secondary School 5 6 Bartica Secondary School Roger Williams 16 18 16 7 Bernice Walcott 18 At 16 girls are more matured physically and are better able to make decisions regarding intimate relationships.

A low age of consent would increase incidences of school dropouts.

Opinion in the school is divided on the age of marriage.

One set holds to 16 the other to 18.


Age 16 — 41 students Age 18 - 73 students Age 16 allows girls in the country to complete secondary, upper — six, technical — college and first stage University level (diploma) education under the full protection of the law.

This results in higher educational standards for women, less child- birth defects, less child — bearing medical problems, and sets a universal standard of sexual activity and marriage.
Mr Williams recommended that the age of marriage should be the same as the age of consent.

Children should be allowed to enjoy childhood and go through the stages of human development, basic education and character building without the burden of sexual relationships for which they are neither physically nor emotionally prepared.
Although laws do not necessarily make people obey them, they do serve as standards of conduct in a society and, in this case would help to build future generations of sex perception belonging to adulthood.

the in 8 Florin Dalgety 18 9 Rockcliffe Patrick Pitt 13 education secondary Many young women who have not obtained a gainful sound employment impossible.

They turn to dependence on men to supply their needs.
This leaves them open to control and manipulation.

Breaking out of the control leads to abuse and possible death.

find Youngsters at 16 should be actively encouraged to make efforts towards their academic, cultural, vocational and emotional development.

Although Mr. Pitt has not recommended a change from 13 years he has recommended the following steps to be taken.
the advice and -That the Committee recommendation of genealogist and obstetricians solicit 2 I 41 I 18 18 10 11 Guyanese Organization of Indigenous Peoples of First Group Sponsoring of Organization seven regions do of Guyana Human Rights Association and other qualified medical practitioner on this matter as it is neither a moral or religious issue but a medical one.
- That the Committee get the views by way of a questionnaire from all teenagers attending schools as they are the ones that will be mostly affected by whatever decisions you arrive at on this matter.

- That with THE RIGHTS OF THE CHILD, you address the question — "Does the child have a right to have sex?'

Children under the age of 18 are of school age and thus should have their focus on attaining an education.
Youths are at this stage more capable of making mature decisions and choices and are better able to form judgement.

- Higher age of consent will prevent incidence of H.I.V.

- Research in region (Jamaica and Guyana) shows high incidence of cervical cancer in young girls resulting from premature initiation activity.
This sexual evidence counters claim of girls being automatically prepared for sex when they reached the age of puberty.

into - Only adults should consent to sexual activity - Prevent commercial sexual exploitation of children - The age of consent should be the same as the age of majority.

The age recognized in our laws as appropriate for voting, owning a passport etc.
- - incidences of sexual violence - Raising the age of consent to eighteen years will encourage reforms to other outdated aspects of criminal legislation relating to sexual violence.

Prevent against women Improved legislation in this area will create pressure for strengthening of Welfare and Probation Services and creation of a Family Court.
It will also require support for parents, educators and others engaged in promoting responsible sexual behaviour by young people.

3 - It will protect connections with adults.

children from sexual The GHRA is proposing that where there is consenting sexual activity between children under 18 within an age range of three years, there be no criminal liability.
However, where the age range exceeds three years, the GHRA recommends that such actions be treated as juvenile offences and to juvenile justice offences and subject to juvenile justice procedures in which imprisonment is the last resort.
subject Sexual connections between adults (18 years+) and children (less than (18) years) All persons over the age of eighteen who have unlawful sexual connections with people under the age of 18 years, provided that the age range between the persons is more than three years, shall be guilty of a felony and liable to imprisonment of not less than 10 years and not more than 15 years.
I r i 1 In the major religions of Guyana as well as the ancestral cultures of the vast majority of the population, the "Age of Consent" at 16 years would not be in conflict with cultural assumptions of the population and would not be a cultural imposition derived from the assumptions of Western Society.
socio — recent the Same as the Consumer Advisory Bureau Ms. Whitehead et al suggested that the Bill should be redrafted to differentiate between how sexual activity between an adult and a person under 16 on the one hand, sexual activity between consenting young persons on the other, are dealt with.

The former should be dealt with as a serious criminal offence and the latter as a matter of social intervention.
Ms Whitehead has submitted a redrafted Bill.

and 1 1 I I I I 12 Consumer Advisory Bureau 16 (1) 13 14 Guyana Consumers Association Josephine Whitehead et al 16 16 15 Second Group of Sponsoring 18 Same as the First Group.

4 16 16 16 17 of Organizations seven regions do of Guyana Human Rights Association Indian Arrival Committee Department of Education Region # 4, Swami Purnananda Secondary School .
17 (b) Golden Grove Secondary School 18 17 (c) Ann's Grove 16 Community High School 14 1 1 11 I 1 The IAC carried out a study between March 28 and April, 14 2005.

The study shows that the vast majority of respondents, regardless of gender and ethnicity, favoured an increase in the age of consent from the age of 13 to 16.

On the basis of this study, the IAC recommends that the age of consent be increased to 16.
These are the views of students who are in favour of the Bill May reduce the amount of children who are born out of wedlock May reduce the economic burden of parents whose children are delinquents Will give adolescents a chance to make decisions Most of the individuals are matured.
Students who oppose the Bill Increase in dropouts in the school system Increase the rate of teenage pregnancy Increase in sexually transmitted diseases Rise in social problems such as incest, prostitution and suicide Drop in society morals and values Rise in common law relationships Because the age of majority is 18 the age of consent should be 18.

More adult decisions can be made at 16 rather than 13 years old.
Physical maturity may be lacking at 13 Individuals should not be given a free choice to do as they please at a certain age, their choices could be detrimental.

Thirteen year olds are not developed physically and mentally to have sex.

At this age sexual experiences result in guilty feelings and bitter disappointment.

At 16 most persons would have completed their primary and secondary education and are more likely to move on to tertiary level of education.
In addition, the sixteen year old is more physically, mentally and emotionally developed to deal with sexual experiences.

5 17 (D) Convent Garden 18 Secondary School 17 (E) Bladen Hall Multilateral School 18 Kelvin Mc Kenzie 19 Annai Secondary School 20 21 Ascension Community High School Department of Education, Region # 2 18 13 16 18 16 At age 13 girls are not developed physically and mentally to have sex.

A lower age of consent will increase teenage pregnancies and the transmission of STDs.
Children at in preparing themselves academically.

Sex should be between married consenting adults only.
stage should be school this and A discussion on the age of consent was held with sixty — seven students of the upper form: Their views are as follows:- 18 — Twenty four students 17- Twelve students 16 — Fourteen students 19 — Two students 22 — Twenty two students The legal age when young girls are matured enough to make decisions and to earn a living.
At the age of 13 to 18 students should be in schools and other educational technical institutions developing themselves academically.

The childhood stage of human development ends at are automatically and biologically prepared to have sex in the adolescence/puberty stage.

Children of 16 are more responsible and mature to make decisions as to whether they want to have sex or not.
The most common reason that females aged 13 to 16 drop out of school, is due to pregnancy.

Raising the age of consent would greatly reduce the number of school drop outs due to wanted and unwanted pregnancies.

It will help to reduce the number of youths that have some form of STI/STD; this is because children of 16 are more likely to use a condom.

Eighteen is the age of attaining adulthood.

begins.
begins.

 Girls adolescence and 13 A survey was carried out among students of the upper forms in Region No.

2 to solicit responses with respect to the age of consent.

The majority of students which included both boys and girls believed that the age of consent should be sixteen (16) years and above.

This view was held by 89% 6 .c 22 Ministry of Culture Youth and Sports 16- 18 of the respondents as compared to 11% who felt it should remain at thirteen (13) years.
Students generally felt that at thirteen they would have been too young to make sound decisions sexually.

Further, they agreed that at that age they would have been preparing themselves academically for their future hence sexual activity would not have been a priority.

The Ministry of Youth Sports and Culture held a consultation session among youths to determine the age of consent.

Approximately fifty youths were present at the consultation.

They were divided into three groups.


- Group I thought that the age of consent should be 16 — 18 years; and should be applicable to both males and females.

At age 16 — 18 the individual is likely to be more matured and responsible and their secondary education would not be affected.

- Group 2 members agreed that the Age of Consent and marriage should be the same i.e.

16 years.

They believe that at age 13 the individual would not be responsible enough and can experience tremendous pressure.
- Group 3 believed that the Age of Consent should be in keeping with the age at which one is allowed to vote.

They felt that at age 13 one is not fully developed; not sober, not matured, and does not have enough experience.

evaluating In recommended the following: the consultation those present - That more such consultations should be hosted in other areas so as to have greater youth participation on the issue.
- That more professionals — psychologists, sociologists should be involved when addressing such an issue.

- That policy makers are made aware of the social and psychological implications of certain laws.

That the issue — " Age of Consent" be debated by youths - - That whenever such activities are hosted, they must be adequately publicized.
7 23 Consumer Advisory Bureau 16 At age 16, young people fall in love and become sexually active.

- That the law on Age of Consent should affect males.

To increase the age of consent above 16, would conflict with all Guyanese ethnic cultures and conflict with the present norm in Guyana The law should be framed to protect young males as well.

8 Appendix IV BILL No.

22 of 2004 Monday 29th November, 2004 PARLIAMENT OFFICE Public Buildings, Georgetown, Guyana.
29th November, 2004 for general information.

The following Bill which will be introduced in the National Assembly is published S. E Isaacs, Clerk of the National Assembly.

GUYANA BILL No.

22 of 2004 CRIMINAL LAW (OFFENCES) (AMENDMENT) BILL 2004 ARRANGEMENT OF SECTIONS SECTION 1.

Short title.

2.

Amendment of section 69 of the Principal Act.

3.

Amendment of section 70 of the Principal Act.

4.

Amendment of section 87 of the Principal Act.


2 A BILL Intituled AN ACT to amend the Criminal Law (Offences) Act.

ja2004 Enacted by the Parliament of Guyana:- Short title.

Cap.

8:01 Amendment of section 69 of the Principal Act.

Amendment of section 70 of the Principal Act.

Amendment of section 87 of the Principal Act the Criminal Law (Offences) (Amendment) Act 2004.

1.

This Act, which amends the Criminal Law (Offences) Act, may be cited as 2.
Section 69 of the Criminal Law (Offences) Act is hereby amended in the following manner- (a) (b) (c) in subsection (1), by the substitution for the words "twelve years" and "thirteen years" of the words "fifteen years" and "sixteen years" respectively; in subsection (2), by the substitution for the words "thirteen years" of the words "sixteen years"; in the marginal note by the substitution for the words "12" and "13" of the words "15" and "16", respectively.

3.
3.

Section 70 of the Criminal Law (Offences) Act is hereby amended by the substitution for the words "twelve years" of the words "fifteen years" and in the marginal note by the substitution for the words "12" of the words "15".

4.
4.

Section 87 of the Criminal Law (Offences) Act is hereby amended in the following manner- (a) in subsection (1) (i) (ii) in paragraph (a), by the substitution for the words "twelve years" and "thirteen years" of the words "fifteen years" and "sixteen years", respectively.

in paragraph (b), by the substitution for the words "twelve years" of the words "fifteen years" .

3 (b) in subsection (2) by the substitution for the words "thirteen years" of the words "sixteen years".
EXPLANA TORY MEMORANDUM This Bill seeks to amend the Criminal Law (Offences) Act, Cap.

8:01, to increase the age of consent to sixteen years.

Minister in the Ministry of Labour, Human Services and Social Security.

1 APPENDIX V 1.

MINUTES of In MEETING held on rd March, 2005 2.

MINUTES of 2nd MEETING held on 14th March, 2005 3.

MINUTES of rd MEETING held on 9h May, 2005 4.

MINUTES of Lith MEETING held on ln June, 2005 5.

MINUTES of 5th MEETING held on 8th June, 2005 6.


MINUTES of 6th MEETING held on 27th July, 2005 A I , 1 I I I I I I la I I I I I I , I I 14 I THE NATIONAL ASSEMBLY OF THE SECOND SESSION OF THE EIGHTH PARLIAMENT OF GUYANA (2002 — 2005) MINUTES OF THE 1sr MEETING OF THE SPECIAL SELECT COMMITTEE ON THE AGE OF CONSENT BILL NO.

22/2004 HELD AT 5.20 P.M IN THE SPEAKER'S CEREMONIAL OFFICE PUBLIC BUILDINGS, GEORGETOWN ATTENDANCE: The Hon.
Hari N. Ramkarran, S.C., M.P., Speaker (As Presiding Officer for the election of the Chairman) MEMBERS OF THE COMMITTEE From the People's Progressive Party/Civic(5) The Hon.

Gail Teixeira, M.P The Hon.

Rev.

Dr. Ramnauth D.A.

Bisnauth, M.P The Hon.

Doodnauth Singh, S.C., M.P - Excused The Hon.


Bibi Shadick, M.P Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P From the People's National Coneress/Reform(4) Mrs. Clarissa S. Riehl, M.P - Mrs. Volda Lawrence, M.P Deputy Speaker tJ From the Guyana Action Party/Working People's Alliance GAP/WPA (1) Mrs. Sheila V.A.
Holder, M.P From the Rise Organise And Rebuild Party (ROARI Mr. Ravindra Dev, M.P - Absent I 1' Officers in attendance Mr. Maurice B. Henry - Head of Committees Division - Assistant Clerk of Committees Ms. Deborah Gray Mr. James Pinder - Parliamentary Staff Advisor ITEM 1: CALL TO ORDER 1.1 The meeting was called to order at 5.20 p.m by the Speaker of the National Assembly who served as the Presiding Officer for the election of a Chairperson.
ITEM 2: ELECTION OF CHAIRMAN 2.1 2.2 2.3 The Speaker called for nominations of a Chairperson of the Committee.

The Hon.

Bibi Shadick, proposed and Mrs Philomena Sahoye-Shury seconded the nomination of the Hon.

Dr. Dale Bisnauth as Chairperson.

There being no other nominations, the Speaker declared the Hon.

Dr. Dale Bisnauth, Chairman of the Committee.


ITEM 3: ANY OTHER BUSINESS Next Scheduled Meeting: 3.1 The Committee agreed that the next meeting would be held on Monday,14th March, 2005 at 3.00 p.m in the Parliamentary Library, Public Buildings, Georgetown.

Time-frame: 3.2 The Speaker advised the Committee that there was no allotted time-frame for it to complete its work.
C Adjournment: At 5.30 p.m the meeting was adjourned to Monday, 14th March, 2005.

Confirmed on this 1%.day of March, 2005 Hon.

Dale Bisnauth, MP Chairperson.

A T THE NATIONAL ASSEMBLY OF THE SECOND SESSION OF THE EIGHTH PARLIAMENT OF GUYANA (2002 — 2005) MINUTES OF THE 2ND MEETING OF THE SPECIAL SELECT COMMITTEE ON THE AGE OF CONSENT BILL (BILL NO.
22/2004) HELD AT 3.15 P.M ON MONDAY, 14111 MARCH, 2005 IN THE PARLIAMENTARY LIBRARY, PUBLIC BUILDINGS, GEORGETOWN MEMBERS OF THE COMMITTEE (9) ATTENDANCE: Chairman (PPP/C) (11 (Nominated by the Committee of Selection on 16'h December.

2004 (Elected by the Committee on Da March.

2005) The Hon.

Rev.

Dr. Ramnauth D. A. Bisnauth, M.P.

From the People's Progressive Party/Civic(41 (Nominated by the Committee of Selection on 16th December.

2004 The Hon.

Gail Teixeira, M.P The Hon.


Doodnauth Singh, S.C., M.P The Hon.

Bibi Shadick, M.P Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P Excused Excused Excused From the People's National Congress/Reformal (Nominated by the Committee of Selection on 16* December.

2004 Mrs. Clarissa S. Riehl, M.P., Deputy Speaker Mrs. Voids Lawrence, M.P From the Guyana Action Party/Working People's Alliance GAP/WPA (11 (Nominated by the Committee of Selection on it December.
2004 Mrs. Sheila V.A.

Holder, M.P From the Rise Organise And Rebuild Party (ROARI (Nominated by the Committee of Selection on 16* December.
2004 Mr. Ravindra Dev, M.P - Excused Acs Chief Parliamentary Counsel Deputy Chief Parliamentary Counsel - Mr Cecil Dhurjon, C.C.H., S.C. Mr Charles Fung-a-Fat Officers Mr Maurice B. Henry Ms. Deborah H. Cadogan Head of Committees Division Assistant Head of Committees Division ITEM 1: CALL TO ORDER 1.1 The Chairman called the meeting to order at 3.15 p.m.
ITEM 2: ANNOUNCEMENTS 2.1 2.1.1 2.2 2.2.1 Welcome A special welcome was extended by the CI: airman to Members, Advisers, Officials and other staff members.

Excuses The Chairman informed the Committee that the following persons had asked to be excused from the meeting: The Hon.

Gail Teixeira, M.P.

The Hon.

Doodnauth Singh.

S.C., M.P.

(i) (ii) (iii) The Hon.

Bibi Shadick, M.P.

(iv) Mr. Ravindra Dev, M.P.


2.2.2 The Chairman also informed the Committee that Mr Dev had sent a proposal to which the Committee would allude later.

ITEM 3: CIRCULATION OF DOCUMENTS 3.1 The following documents were circulated prior to the meeting: Notice of Meeting dated 8th March, 2005; (i) (ii) Minutes of 14 Meeting held on Wednesday, 2m March, 2005; (iii) Copy of the Age of Consent Bill (Bill No.
22/2004); 2 T (iv) Copies of documents obtained from the internet on the Age (v) of Consent; Spreadsheet showing sections of the Acts to be amended, the amendments to be made and the sections as amended, i.e., the results of the amendments; (vi) Notice of amendments by the Minister in the Ministry of Labour, Human Services and Social Security.
ITEM 4: 4.1 CONFIRMATION OF MINUTES OF In MEETING HELD ON 2ND MARCH, 2005 The Minutes of the 14 Meeting held on 2s March, 2005 were confirmed, without corrections, on a motion moved and seconded by Mrs Philomena Sahoye-Shurry and Mrs Volda Lawrence, respectively.

ITEM 5: CONSIDERATION OF THE CLAUSES OF THE AGE OF CONSENT BILL 2004 — BILL NO.
22/2004 5.1 5.1.1 5.1.2 5.1.3 5.1.3.1 The Chief Parliamentary Counsel informed the Committee that column 3 of the spreadsheet accurately portrayed the intent of the amendments proposed in the Bill.

The Committee proceeded to consider the clauses of the Age of Consent Bill 2004 (No.

22/2004) clause by clause: Clause 1 was accepted as printed.

Clause 2: This clause which seeks to increase the age of consent from thirteen years to sixteen years was fully discussed.
The following were some of the main issues raised: (i) (ii) (iii) whether or not the age of consent should be increased; the need for provisions to be made to protect males under eighteen years involved in sexual activity from being criminalized, and protect males from being blackmailed by females; the need for educational and public awareness programmes for young people; 3 (iv) the need to reach out to Regional Members of Parliament for assistance; and (v) whether or not the Committee should publicly consult with a wide cross section of the nation.
5.1.4 At the end of the discussions, the Committee agreed that (i) (ii) a notice be placed in the media requesting memoranda and inviting witnesses to make oral presentation in relation to the age of consent; and a letter be sent to Head Masters/Mistresses of secondary/community high schools requesting them to discuss the matter of the age of consent with the students of the upper forms and, thereafter, submit the students' views together with theirs to the Committee.
ADJOURNMENT At 4.18 p.m. the meeting was adjourned sine die Confirmed this day of May, 2005 The Hon.

Rev.

Dfltoonnauth Bisnauth, M.P.

Chairman 4 THE NATIONALASSEMBLY OF THE SECOND SESSION OF THE EIGHTH PARLIAMENT OF GUYANA (2002 — 2005) MINUTES OF THE 311I) MEETING OF THE SPECIAL SELECT COMMITTEE 014 THE AGE OF CONSENT BILL (BILL NO.
22/2004) HELD AT 5.10 P.M ON MONDAY, 9n' MAY, 2005 IN THE PARLIAMENTARY LIBRARY, PUBLIC BUILDINGS, GEORGETOWN MEMBERS OF THE COMMITTEE (9) ATTENDANCE: Chairman (PPP/C) (Nominated by the Committee of Selection on 16th December.

2004 (Elected by the Committee on 2" March.

2005) The Hon.

Rev.

Dr. Ramnauth D. A. Bisnauth, M.P.

From the People's Progressive Party/Civic(4) (Nominated by the Committee of Selection on 16th December, 2004 The Hon.

Gail Teixeira, M.P The Hon.


Doodnauth Singh, S.C., M.P The Hon.

Bibi Shadick, M.P Mrs. Philomena Sahoye4hury, C.C.H., M.P From the People's National Congress/Reform(2) (Nominated by the Committee of Selection on 16th December.

2004 Mrs. Clarissa S. Riehl, M.P., Deputy Speaker Mrs. Voids Lawrence, M.P Excused Absent Absent Excused From the Guyana Action Party/Working People's Alliance GAP/WPA (1) (Nominated by the Committee of Selection on 16* December, 2004 Mrs. Sheila V. A.
Holder, M.P From the Rise Organise And Rebuild Party (ROAR) (Nominated by the Committee of Selection on 16* December.

2004 Mr. Ravindra Dev, M.P Excused Officers T i Mr Maurice B. Henry Ms. Deborah H. Cadogan Head of Committees Division Assistant Head of Committees Division ITEM 1: CALL TO ORDER 1.1 The Chairman called the meeting to order at 5.10 p.m.
ITEM 2: ANNOUNCEMENTS 2.1 2.1.1 Excuses The Chairman informed the Committee that the following persons had asked to be excused from the meeting: The Hon.

Bibi Shadick, M.P.

(i) (ii) Mrs. Volda A. Lawrence, M.P.

(iii) Mr. Ravindra Dev, M.P.
ITEM 3: CIRCULATION OF DOCUMENTS 3.1 The Mowing documents were circulated prior to the meeting: Notice of Meeting dated 29th March, 2005 (i) (ii) Minutes of the 2nd Meeting held on Wednesday, 14th March, 2005; (iii) Copies of submission on the Age of Consent Bill 3.2 The following documents were circulated at the meeting: 1 Al Additional submissions on the age of consent from Department of Education, Region 2 Ann's Grove Community High School (ii) Record of Proceedings of the rd Meeting held on 14th March, 2005.
2 ITEM 4: 4.1 CONFIRMATION OF MINUTES OF 2ND MEETING HELD ON 14TH MARCH, 2005 The Minutes of 2I'd Meeting held on 14th March, 2005 were confirmed, without corrections, on a motion moved and seconded by Mrs. Sheila Holder and the Hon.

Gail Teixeira, respectively.

ITEM 5: MATTERS ARISING FROM THE MINUTES 5.1 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 The Hon.
Doodnauth Singh pointed out that from the discussions of the previous meeting it seemed that the dominant view expressed was that the age of consent should be increased to sixteen years.

He remarked that it was not feasible to place 18 years in the Age of Consent Bill since at that age one was considered an adult.
Mrs. Holder expressed the view that the rural schools were not very focused on the aim and objective of the Bill and that what was required was public education, especially education as to the consequences of the legislation.

The Hon.

Gail Teixeira felt that there was a hysterial mood at large that led to the Age of Consent Bill.

The concern was not a matter of consensual sex, but those exposed to sexual crime.

Her Ministry had undertaken a survey, which included Georgetown and Regions No.

1 and No.
1 and No.

9 and which revealed an age of consent at 16 years as the popular choice.

In reply to an enquiry, the Hon.

Doodnauth Singh stated that the Marriage Act was amended to agree with the Criminal Law Act.

The Hon.

Ms Teixeira suggested that the amendment of section 32(2) of Cap.

45:01 would create a new problem as it would preclude a child who at 14 years became pregnant, from marrying.

The Hon.
The Hon.

Doodnauth Singh said his original position was not to amend that section but that the matter was now in the hands of the Committee.

Questions were raised as to how not to criminalise young people engaged in sexual activity.

It was suggested further that new amendments should be gender neutral by making use of "a person" rather than "a girl".

3 5.1.6 5.1.7 The Hon.
Doodnauth Singh explained to the Committee that the "sex act" is defined by law, but that his Chambers would look at it again.

The Hon.

Ms Teixeira, supported by Mrs. Holder, called for greater publicity to be given on what the age of consent is about.
ITEM 6: CONSIDERATION OF THE METHOD TO BE ADOPTED TO (a) DEAL WITH SUBMISSIONS ON THE AGE OF CONSENT (b) RECEIVE ORAL EVIDENCE FROM MEMBERS OF THE PUBLIC 6.1 The Committee considered the above subject and agreed that the Chairman and the Head of Committees Division would examine the submissions and invite those persons who had indicated their willingness to give oral evidence to do so.

Adjournment At 6.25 p.m. the meeting was adjourned sine die.

Confirmed this PIL.
Confirmed this PIL.

day of June, 2005 The Hon.

Rev.

Dr Ramnauth Bisnauth, M.P.

Minister of Labour, Human Services and Social Security Chairman 4 THE NATIONAL ASSEMBLY OF THE SECOND SESSION OF THE EIGHTH PARLIAMENT OF GUYANA (2002 — 2005) MINUTES OF THE ell MEETING OF THE SPECIAL SELECT COMMITTEE ON THE AGE OF CONSENT BILL (BILL NO.
22/2004) HELD AT 5.10 P.M ON WEDNESDAY, 11tr JUNE, 2005 IN THE PARLIAMENT CHAMBER, PUBLIC BUILDINGS, GEORGETOWN MEMBERS OF THE COMMITTEE (9) ATTENDANCE: Chairman (PPP/C) (1) (Nominated by the Committee of Selection on 16th December.

2004 (Elected by the Committee on 2' March.

2005) The Hon.

Rev.

Dr. Ramnauth D. A Bisnauth, M.P.

From the People's Progressive Party/Ciyid41 (Nominated by the Committee of Selection on 16th December.

2004 The Hon.

Gail Teixeira, M.P The Hon.


Doodnauth Singh, S.C., M.P The Hon.

Bibi Shadick, M.P Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P From the People's National Congress/Reform(2) (Nominated by the Committee of Selection on 16th December.

2004 Mrs. Clarissa S. Riehl, M.P., Deputy Speaker Mrs. Volda Lawrence, M.P Excused Excused From the Guyana Action Party/Worldng People, Alliance GAP/WPA (11 (Nominated by the Committee of Selection on 16 December.
2004 Mrs. Sheila VA Holder, M.P From the Rise Organise And Rebuild Party (ROAR) (Nominated by the Committee of Selection on 16th December.

2004 Mr. Ravindra Dev, M.P Excused Officers Mr Maurice B. Henry Ms. Debra H. Cadogan Head of Committees Division Assistant Head of Committees Division ITEM 1: CALL TO ORDER 1.1 The Chairman called the meeting to order at 5.10 p.m.
ITEM 2: ANNOUNCEMENTS I 41 2.1 2.1.1 2.2 2.2.1 2.3 2.3.1 Welcome Special welcome was extended to the Hon.

Bibi Shadick and Mr. Ravindra Dev, Committee members, who were attending meeting for the first time.

Excuses The Chairman informed the Committee that the following persons had asked to be excused from the meeting: AI (i) Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P.

(ii) Mrs.

Val.

: A. Lawrence, M.P.


Permission to sit in during the presentation Ms. Roxanne Myers of UNICEF had been granted permission to sit in during the presentations.
ITEM 3: CIRCULATION OF DOCUMENTS 3.1 The following documents were circulated prior to the meeting: Notice of Meeting dated 24th May, 2005 (i) (ii) Minutes of the 3 Meeting held on Wednesday, 9th May, 2005; (iii) Report on the Age of Consent Consultation — Ministry of Culture, Youth and Sport 2 t 4 3.2 The following document was circulated at the meeting: Letter dated 31th May, 2005 from Ms. Eileen Cox re: Permission to appear before the Committee.
ITEM 4: CONFIRMATION OF MINUTES OF 311th MEETING HELD ON 9" MAY, 2005 4.1 Confirmation of the Minutes of 3"1 Meeting held on 9th May, 2005 was deferred to a subsequent meeting of the Committee.
ITEM 5: ORAL PRESENTATIONS 5.1 5.2 5.2.1 Before the commencement of presentations, the Chairman informed the Committee that attempts by the Parliament Office and the Regional Executive Officer of Region 10 had failed to contact Mr. Kevin McKenzie who had been scheduled to be the first presenter for the session.

Thus presentations would be made by Messrs. Rockcliffe P. Pitt, C.M.

Llewellyn John and Roger Williams.


The other four presenters would be rescheduled to the following Wednesday, 8th June, 2005.

Mr. Rockcliffe P. Pitt At 5.00 p.m. the Committee welcomed Mr. Rockcliffe P. Pitt to make his presentation on the age of consent.

5.2.2 Mr. Pitt's presentation was specific in highlighting the following: Research had proven that the sex desire was frequently and strongly felt between the ages of 13 years and 35 years.
13 years as the age of consent was in effect in Guyana for more than 111 years; he could not understand the reason for a change for that age.

Consideration should be given in the legislation for the protection of young males who were sexually abused by older women.

5.2.3 Mr. Pitt said that while he would not suggest an age as the age of consent, he felt that his recommendations should be seriously considered by the Committee.
He referred to the UN Conventions which gave children rights and because of this they should be allowed to say at what age they should be engaged in sex.

3 5.2.4 5.3 5.3.1 5.3.2 5.3.3 5.3.4 5.4 5.4.1 5.4.2 5.4.3 5.4.4 The Chairman thanked Mr. Pitt for presentation.

He was excused from the meeting.

Mr. C.M.

Llewellyn John At the invitation of the Chairman, Mr. C.M.
Llewellyn John at 5.00 p.m. proceeded to make his presentation.

Mr. John made his presentation in support of his submission.

He argued that raising the age of consent above that provided for in legislation could create severe problems as it would be unable to cater for the divergent groups in the society.

As a counter to his claim for an age not greater than 14 years, it was pointed out that consultations were done in each region and based on those consultations, the age 16 was accepted.
The Chairman thanked Mr. John for his presentation.

He was then excused from the meeting.

Mr. Roger Williams At 5.55 p.m. Mr. Roger Williams, at the invitation of the Chairperson, proceeded to make his presentation in support of his submission.

He pointed out that his submission was a personal opinion but was Laing directed to the local churches as a primer on the issues.
In response to a query by Mr. Williams, it was stated that information regarding statistics on sexual abuse of children in Guyana was available in various annual reports prepared by the Police and Probation Departments.

Mr. Williams, leaning heavily on his submission, highlighted, among other things, the need for the legislation as it pertains to the age of consent not to be loosely and inaccurately applied.
Mr. Williams, in responding to a query, said that while he did not suggest an age, felt that the age of consent should be in conformity with the age of majority since it would protect young females and allow them to acquire a proper education.

5.4.5 The Chairman thanked Mr. Williams for his presentation.

He was then excused from the meeting.

4 1 1 1, 1 11, 1 I .4.


ITEM 6: ANY OTHER BUSINESS 6.1 6.1.1 6.2 6.2.1 6.3 6.3.1 Decisions of the Committee It was pointed out by Mrs. Riehl that in addition to the recommendations on the mandate, the Committee could make additional recommendations.
Letter from Ms Eileen Cox The Committee accepted the second written submission, though late dated 31" May, 2005 from the Guyana Consumers Association and the Consumers Advisory Bureau, but decided not to write them to make an oral presentation.

Report on the Age of Consent Consultation — Ministry of Culture, Youth and Sport The Hon.

Gail Texieira requested that the submission from the Ministry of Culture, Youth and Sport form part of the Committee's record.
Adjournment At 6.50 p.m. the meeting was adjourned to 4.30 p.m. on Wednesday, 8s' June, 2005.

Confirmed this cm.. day of June, 2005 agn CRie .—aa-ma“-e The Hon.

Rev.

Dr Ramnauth Bisnauth, M.P.

Minister of Laboour, Human Services and Social Security Chairman 5 THE NATIONAL ASSEMBLY OF THE SECOND SESSION OF THE EIGHTH PARLIAMENT OF GUYANA (2002 — 2005) MINUTES OF THE 5TH MEETING OF THE SPECIAL SELECT COMMITTEE ON THE AGE OF CONSENT BILL (BILL NO.
22/2004) HELD AT 5.10 P.M ON WEDNESDAY, 8TH JUNE, 2005 IN THE PARLIAMENT CHAMBER, PUBLIC BUILDINGS, GEORGETOWN MEMBERS OF THE COMMITTEE (9) ATTENDANCE: Chairman (PPP/C) (1) (Nominated by the Committee of Selection on 16th December, 2004 (Elected by the Committee on rd March, 2005) The Hon.

Rev.

Dr. Ramnauth D. A. Bisnauth, M.P.

From the People's Progressive Party/Civic(4) (Nominated by the Committee of Selection on 16th December, 2004 The Hon.

Gail Teixeira, M.P The Hon.


Doodnauth Singh, S.C., M.P The Hon.


Bibi Shadick, M.P Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P From the People's National Congress/Reform(2) (Nominated by the Committee of Selection on 16th December, 2004 Mrs. Clarissa S. Riehl, M.P., Deputy Speaker Mrs. Volda Lawrence, M.P Excused Excused Excused Excused From the Guyana Action Party/Working People's Alliance GAP/WPA (1) (Nominated by the Committee of Selection on 16th December, 2004 Mrs. Sheila V.A.
Holder, M.P From the Rise Organise And Rebuild Party (ROAR) (Nominated by the Committee of Selection on 16th December, 2004 Mr. Ravindra Dev, M.P Excused Adviser Mr. Charles Fung-a-Fat Deputy Chief Parliamentary Counsel Officers Mr Maurice B. Henry Ms. Debra H. Cadogan Head of Committees Division Assistant Head of Committees Division ITEM 1: CALL TO ORDER 1.1 The Chairman called the meeting to order at 5.10 p.m.
ITEM 2: ANNOUNCEMENTS 2.1 2.2.1 Excuses The Chairman informed the Committee that the following persons had asked to be excused from the meeting: The Hon.

Gail Teixeira, M.P.

The Hon.

Doodnauth Singh, S.C., M.P.

(i) (ii) (iii) Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P.

(iv) Mrs. Clarissa S. Riehl, M.P.

(v) Mr. Ravindra Dev.
ITEM 3: CIRCULATION OF DOCUMENTS 3.1 The following documents were circulated prior to the meeting: Notice of 5th Meeting dated 6th June, 2005 (i) (ii) Minutes of 3'd and 4` Meetings held on 9th May and 1st June, 2005, respectively; ITEM 4: CONFIRMATION OF MINUTES 4.1 Minutes of 3rd Meeting held on 9th May, 2005 Corrections 4.1.1 Page 2 2 4.1.1.1 Insertion of the following before "Officers" "Adviser Mr. Charles Fung-a-Fat — Deputy Chief Parliamentary Counsel" 4.1.2 Page 3, paragraph 5.1.2 (i) Insertion of a full stop after "No.
9" (ii) Deletion of the words "and which revealed an age of consent at 16 years as the popular choice" after "No.

9".

4.1.3 Thereafter the Minutes were confirmed on a motion moved and seconded by Mrs. Sheila Holder and the Hon.

Bibi Shadick, respectively.


4.2 Minutes of 4th Meeting held on lst June, 2005 Corrections 4.2.1 Page 2 4.2.1.1 Insertion of the following before "Officers" "Adviser Mr. Charles Fung-a-Fat — Deputy Chief Parliamentary Counsel" 4.2.2 Page 3 4.2.2.1 Insertion of the following as a new paragraph 5.1.1 "The Hon.
Doodnauth Singh informed the Committee that the Guyana Human Rights Association as well as other organizations and communities had been circulating a leaflet supporting 18 years as the age of consent.

 He drew Members' attention to the Representation of the People Adaptation and Modification of Laws Act, Chapter 1:09 which provided for the age of adulthood as 18 years.

He reiterated that it was not necessary to have any legislation which states the age of consent as the age of majority."
4.2.3 Thereafter the Minutes were confirmed on a motion moved and seconded by Mrs. Sheila Holder and the Hon.

Bibi Shadick, respectively.

3 ITEM 5: ORAL PRESENTATIONS 5.1 5.1.1 Ms Danuta Razik (for Group of Persons) The Committee welcomed the delegation and invited them to make their presentation.

It noted that they were being led by Mr. Frederick Christian on behalf of Ms Razik who was abroad.

Mr. Christian then introduced the other members of his delegation.
They were: (i) Ms. Beverly Gomes-Lovell (ii) Ms. Pamela Alfred (iii) Ms. Patricia Waddell 5.1.2 The Group proceeded to make their presentation in support of their submission.
The following points were highlighted: the age of consent should be the same as the age of majority the need for children to be protected from older persons the need for all relevant legislation to be amended urgently the age of consent in Guyana should be consistent with that of the other signatories to the UN Conventions on the Rights of the Child.

The Chairman thanked Mr. Christian and his team for their presentation.

They were then excused from the meeting.


Ms Josephine Whitehead (for Group of Persons) At 5.35 p.m. the Committee welcomed Ms Josephine Whitehead and her team invited them to make their presentation on the age of consent.

The other members include: (i) (ii) Beverley Harper Andrea Rohlehr-McAdam The team expressed the view that their submission was based on the legal aspect of the bill.
They reiterated that the bill should be redrafted to differentiate how sexual activity between an adult and a person under 16 years should be treated on the one hand, and on the other how sexual activity b etween consenting young p ersons should also be treated.

The team also supported the proposed increase in age to 16 years.

5.1.3 5.2 5.2.1 5.2.2 4 5.2.3 5.3 5.3.1 5.3.2 5.3.3.
5.3.4 5.4 5.4.1 The Chairman thanked Ms Whitehead and her team for their presentation.

They were then excused from the meeting.

Mr. Evan Radhay Persaud (for Indian Arrival Committee) At 5.46 p.m. Mr. Persaud appeared before the Committee on behalf of the Indian Arrival Committee.to make his presentation.

He informed the Committee that the Indian Arrival Committee had conducted a study of which the majority of respondents had favoured an increase from 13 years to 16 years.
Mr. Persaud also pointed out that 62% of the Indo-Guyanese males had recommended that the age of consent should remain at 13 years of age.

The Chairman thanked Mr. Persaud for his presentation.

He was then excused from the meeting.

Ms Merle Mendonca (for Sponsoring Organisations) At 6.03 p.m. the delegation appeared before the Committee to give an oral presentation.
5.4.2 The main presenters were: Ms Vidushi Persaud who introduced the presenters and spoke on the amendments proposed by Age of Consent Coalition Ms Jodanna Ramsay who argued for 18 years as the age of consent Ms Wendy Lam who discussed the health benefits of an Ms Saudia Rahat who pointed out that young women needed time and space to mature to better cope with sexual pressure from adult men Ms Dacia Carter who gave the criteria for determining the age of consent Ms M allika S ingh w ho a sked t hat 18 years a s t he a ge o f consent was not unique and was what the people wanted Ms Elizabeth Hanilall who gave a summary of Hi School Surveys on Age of Consent; and Ms Brooke Edwards who explained the proposals for 18 years do not infringe on religious rights.
gh age of consent at 18 years 111 I ".‘ 5.4.3 5.4.4 At the conclusion of the presentation the Chairman thanked the team for their presentation.

Details o f t he presentation and questions r aised by M embers are recorded in the verbatim records of this date.

ITEM 6: ANY OTHER BUSINESS 6.1 6.1.1 6.2 6.2.1 Summary of Submissions The Secretariat was required to summarise the submissions received and circulated to Members.
Draft Report of the Committee The Head of Committees Division was required to prepare the Draft Report for discussion by the Committee at its next meeting.

Adjournment At 7.50 p.m. the meeting was adjourned sine die.

Confirmed this .s:7Aday of July, 2005 aeer The Hon.

Rev.

Dr Ramnauth Bisnauth, M.P.


Minister of Laboour, Human Services and Social Security Chairman THE NATIONAL ASSEMBLY OF THE SECOND SESSION OF THE EIGHTH PARLIAMENT OF GUYANA (2002 — 2005) MINUTES OF THE 6TH MEETING OF THE SPECIAL SELECT COMMITTEE ON THE AGE OF CONSENT BILL (BILL NO.
22/2004) HELD AT 3.08 P.M ON WEDNESDAY, 27TH JULY, 2005 IN THE PARLIAMENT CHAMBER, PUBLIC BUILDINGS, GEORGETOWN MEMBERS OF THE COMMITTEE (9) ATTENDANCE: Chairman (PPP/C) (1) (Nominated by the Committee of Selection on 16th December, 2004 (Elected by the Committee on rd March, 2005) The Hon.

Rev.

Dr. Ramnauth D. A. Bisnauth, M.P.

From the People's Progressive Party/Civic(41 (Nominated by the Committee of Selection on 16th December, 2004 The Hon.

Gail Teixeira, M.P The Hon.


Doodnauth Singh, S.C., M.P The Hon.

Bibi Shadick, M.P Mrs. Philomena Sahoye-Shury, C.C.H., J.P., M.P Excused Excused From the People's National Congress/Reform(2) (Nominated by the Committee of Selection on 16th December, 2004 Mrs. Clarissa S. Riehl, M.P., Deputy Speaker Mrs. Volda Lawrence, M.P From the Guyana Action Partv/Worldng People's Alliance GAP/WPA (1) (Nominated by the Committee of Selection on 16th December, 2004 Mrs. Sheila V.A.
Holder, M.P Excused From the Rise Organise And Rebuild Party (ROAR) (Nominated by the Committee of Selection on 16th December, 2004 Mr. Ravindra Dev, M.P I 1 I I I, 1 I I k 1 I I I. I 14, 1 I It 1 Adviser Mr. Charles Fung-a-Fat Deputy Chief Parliamentary Counsel Officers Mr Maurice B. Henry Ms. Debra H. Cadogan Head of Committees Division Assistant Head of Committees Division ITEM 1: CALL TO ORDER 1.1 The Chairman called the meeting to order at 3.08 p.m.
ITEM 2: ANNOUNCEMENTS 2.1 2.2.1 Excuses The Chairman informed the Committee that the following persons had asked to be excused from the meeting: The Hon.

Gail Teixeira, M.P.

The Hon.

Doodnauth Singh, S.C., M.P.

(i) (ii) (iii) Mrs. Sheila V.A.

Holder, M.P.


ITEM 3: CIRCULATION OF DOCUMENTS 3.1 The following documents were circulated prior to the meeting: Notice of 6th Meeting dated 25th July, 2005; (i) (ii) Minutes of 5th Meeting held on 8th June, 2005; (iii) Copies of a summary of written submissions; and (iv) Draft Report to the National Assembly on the consideration of the Bill.
3.2 The following documents were circulated at the meeting: (i) Record of Proceedings of the 3rd and 4th Meetings of the Special Select Committee on the Age of Consent Bill — Bill No.

22/2004 held on 9th May and 15t June, 2005, respectively; (ii) Age of Consent Coalition: Oral submission to hearings of the Special Select Committee on Age of Consent — 8th June, 2005.
ITEM 4: 4.1 CONFIRMATION OF MINUTES OF 5TH MEETING HELD ON 8TH JUNE, 2005 The Minutes of 5th Meeting held on 8th June, 2005, were confirmed without corrections, on a motion moved and seconded by the Hon.

Bibi Shadick and Mrs Volda Lawrence, respectively.

ITEM 5: MATTERS ARISING 5.1 There were no matters arising from the Minutes.

ITEM 6: CONSIDERATION OF THE AGE OF CONSENT BILL 2004 AND DRAFT REPORT THEREON.
6.1 6.1.1 6.1.2 6.1.3 6.1.4 The Committee proceeded to consider the draft Report of the Age of Consent Bill 2004 — Bill No.

22 of 2004.

Paragraphs 1 to 12 were accepted as presented.


Paragraph 13 II: Substitution of the following: II Mr. Frederick Christian (for Group of Persons) Ms Josephine Whitehead, Ms Beverley Harper and Mrs. Andrea Rohlehr-McAdam Mr. Evan Radhay Persaud (for Indian Arrival Committee) Ms. Vidushi Persaud, Ms Jodanna Ramsay, Ms Wendy Lam, Ms Saudia Rahat, Ms Dacia Carter, Ms Mallika Singh, Ms Elizabeth Harrilall and Ms Brooke Edwards (for Sponsoring Organisations.
Paragraphs 14 to 17 were accepted as presented.

Paragraph 18: Insertion of the following as paragraph 18.1: "The Committee recommends that early consideration be given to the drafting and enacting of a law or laws which will deal comprehensively with sexual offences."

3 A it 6.1.5 Paragraph 19: The following amendments were made: (i) Paragraph 19.2: Insertion of the following: "Paragraphs (a) (ii) and (b) were agreed to as presented.
Clause 4 was then agreed to as amended."

(ii) Paragraph 19.3: Insertion of the words "as per amendment by Act No.

19 of 1990" after the words "ten years" in the third line.

(iii) Paragraph 19.4: Insertion of the words "since it was addressed by Act No.

19 of 1990."

(iv) New Paragraph 19.6: "Title of Bill The title of the Bill has been amended to read — "Criminal Law (Offences) (Amendment) Bill 2004" as in its amended form it affected only the Criminal Law (Offences) Act Cap.

8:01."
8:01."

(v) New Paragraph 19.7: "This amended title should indicate to the public at large that the Bill addresses the issue of statutory rape and does not give licence to a girl attaining the age of 16 years to become sexually adventurous.

(vi) New Paragraph 19.8 "A copy of the Bill as amended is at Appendix IV."

Paragraphs 20 to 23 were accepted as presented.

Thereafter the Committee agreed that its Final Report be submitted to the National Assembly at its next Sitting.
6.1.6 6.1.7 4 I It I I I +.

1 I I I I I I I. I I A I I 1 t- ITEM 7: ANY OTHER BUSINESS 7.1 7.1.1 Conclusion Expression of Thanks The Chairman expressed his gratitude to the Members of the Committee and other officials for their support during the meetings of the Committee.

At 3.10 p.m. the meeting was concluded.

(Unconfirmed) 5