Vincent P Martin (Green Party) | Oireachtas source

I propose an amendment to the Order of Business that No. 19 be taken before No. 1. I seek leave to introduce my domestic violence (amendment) Bill 2023. The Criminal Law (Sexual Offences) Act 2017 provides that in a criminal trial, an accused person shall not cross-examine in person any witness who is under 18 years of age in respect of certain serious sexual offences.Moreover, the court may preclude an accused person from personally cross-examining a victim who has attained the age of 18 in such cases. The court may prohibit such cross-examination unless it is of the opinion it is in the interest of justice to require the accused to conduct a cross-examination in person. That innovative statutory provision of 2017 also provides that where an accused is prohibited from conducting a cross-examination in person, the court must allow the accused an opportunity to secure legal representation. If, for whatever reason, such representation is obtained, the court may, if it considers it in the interest of justice to do so, select and appoint a legal representative to conduct the cross-examination on behalf of the accused.

The purpose of my Bill is to extend and provide a similar statutory provision to apply to criminal court trial hearings dealing with the offence of coercive control, which was introduced in the Domestic Violence Act 2018. My Bill proposes to do this by amending that Act. I understand Second Stage has been provisionally scheduled for Wednesday next, 15 February. I am happy to report that in advance of that, earlier in the afternoon, Noeline Blackwell, CEO of the Dublin Rape Crisis Centre, and the criminal law practitioner, Jane McGowan BL, will make themselves available in the audiovisual room to legislators of both Houses in case they have questions to ask, and give short presentations. My application seeks leave to introduce the Bill.