Alan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on this important Bill which will have important ramifications for criminal justice procedures with specific regard to sexual offences and human trafficking. The Bill will make a range of changes to existing procedures, modernise our approach to such cases, provide for better victim experiences of the judicial system and protect vulnerable people from exploitation and abuse.

With specific regard to sexual offences, I welcome the provisions that will see greater sensitivity provided to these cases which, as we know, can be deeply traumatic and difficult for those involved. Important changes such as character references being provided on oath via affidavit require a more rigorous approach with regard to such matters. The Bill will ensure that due consideration is given to providing references and hold such information to a higher standard than has previously been the case. This is to be welcomed.

Furthermore, I welcome the Minister’s comments and commitment to multi-annual funding for sensitivity training programmes for legal professionals. This is vital in achieving the aim of granting victims the dignity and consideration they are entitled to, as well as ensuring that best practices are adhered to at every step of the legal process.

I also believe the measure removing members of the public from sexual offence trials is a positive step which will remove a potential barrier to victims feeling comfortable in pursuing justice and, in so doing, respect their right to privacy in what can be an incredibly difficult and stressful time as they recount their experience before a court.

This Bill will also make significant changes as to how we approach cases of human trafficking, which cannot be understated. As a former head of the delegation to the Organization for Security and Co-operation in Europe, I often listen to my American counterpart decry Ireland's record in respect of human trafficking. I believe it is only a positive step when legislation comes before the House in this regard. The development of a national referral mechanism for victims of human trafficking is placed on a statutory footing. I acknowledge that this is an extremely difficult issue to tackle, reaching across a number of Departments, however the development of this mechanism is a vital step in helping people escape this fate and provide them with the support and assistance that they so vitally require.

It is also extremely important that provisions are included in the Bill setting out that victims of human trafficking will not be deported or prosecuted for offences in relation to their being trafficked. It is imperative that victims of human trafficking do not feel afraid to seek help for fear of recrimination in relation to acts which they had no control over. The operation of this mechanism is critical to making a great impact, which will save people from years of suffering and in some cases will save their very lives. I note that the Bill details that certain registered charities will be designated as trusted partners for receiving and referring applications to recognise a person as a victim of human trafficking. As I mentioned already in relation to sexual offences, it is important that staff in these charities are provided with adequate training, and indeed support, as the details of many cases can be harrowing to say the least. I would also like to note that, as detailed in the Bill, a victim of human trafficking, to be recognised as such must have been trafficked by certain criteria, including the use, or threat of, force. I would however highlight to the Minister of State that evidence of such can often be very hard to prove for a victim. It is important that the system is built with enough flexibility to account for this difficulty and reflect a compassion-based approach and I would ask that the Minister of State ensure that this is the case.

A Cheann Comhairle, it would be remiss of me not to mention the important changes that this Bill will also make that will pave the way for us to ratify the UN Convention on the Rights of the Child, which to date has required amendments to existing legislation. Crucially, this will allow us to better prevent the exploitation of children, including child pornography and child prostitution. Children are the most vulnerable people in our society and it is incumbent on us as legislators to do absolutely everything we can to ensure that they are granted the highest level of protection. I welcome the achievements the Minister, her team, the Minister of State and the Department are making with regard to a wide range of areas that touch upon the topics I have raised today including, but not limited to, the criminalising of grooming children into crime; criminalising the sharing of intimate images of other persons; the introduction of the third national strategy on domestic, sexual and gender-based violence; and much more. I also commend the Department and officials on the statutory footing of the agency associated with domestic, sexual and gender-based violence, once it is created. These steps will help move us towards a safer society, a more compassionate sphere for victims and being more ready to act against offenders. In turn I believe this will help us to build a more confident and stronger State; and I look forward to the passing of this legislation.

My last remark, interrelated with this Bill given that it is a criminal matter, would be to make reference to the strike yesterday before the criminal courts of justice and to note that it is very hard not to agree with the position that barristers have adopted. There is no denying that their fee structures have not changed since 2002, despite the fact that everybody else operating in the criminal courts of justice has seen pay restoration associated with the financial emergency measures in the public interest, FEMPI. I would like to see a move on that as promptly as possible so that we can remedy the situation and ensure that access to our criminal courts is not disrupted in the future.

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