Dr. Clíona Saidléar:

I welcome this opportunity to make a submission to the joint committee. The Rape Crisis Network Ireland, RCNI, has made a number of submissions over a long period. Given that many of the issues we have raised have been taken on board, I propose to address some additional and specific issues.

An increasing number of survivors of sexual violence are reporting to the Garda Síochána. Our statistics for 2014 show that 33% of the survivors in contact with rape crisis centres reported to the Garda. This figure is higher than that recorded among the general population in the Sexual Abuse and Violence In Ireland, SAVI, report, although that survey is out of date. The number of victims who report increases to 48% in the case of adult survivors who have experienced adult sexual abuse only. While these figures show that an increasing number of sexual violence survivors are engaging with the criminal justice system, it should be noted that a significant number remain outside the criminal justice system. This group also has rights under the EU directive.

The RCNI works to ensure all victims of sexual violence, including non-reporting victims, are supported and their needs met, not only by specialist non-governmental organisations but by all relevant State agencies as far as possible. In the case of these victims, identified as a group with "specific protection needs" under Article 22 of the directive, this is an enormous challenge because of the intimate nature of the violence suffered and its devastating effect on its victims.

On the issue of a specialist approach for sexual violence victims, sexual violence survivors have, by definition, suffered trauma, often very severe, which impacts on many aspects of their lives. The criminal justice process must, as far as possible, avoid traumatising these victims again. It must also take account of the difficulties inherent in negotiating the system, for instance, giving statements, waiting for decisions and undergoing rigorous questioning on all aspects of the offence, including the most intimate and personal details, for people who are already traumatised. This must be at the heart of the directive and Bill. Many of the heads already deal with this issue.

On the issue of specialist training, the focus of Article 25 of the directive - head 20 of the general scheme - is on general and specialist training to increase awareness of victims' needs. It is vital that the specialist element of the training of Garda sexual violence investigators is addressed and that this includes training from outside experts. Adequate general training for first responders is also vital. The legislation should include powers to make regulations governing training standards, provision, frequency and so forth, and very importantly, it should include principles based on the directive and related key documents shared across all agencies. A shared vision, one which is founded on common elements in individual training programmes, is the foundation of successful implementation of this legislation.

On evaluation and monitoring of the legislation, an oversight model should be provided for either in the legislation or on a non-statutory basis. It must be sufficiently flexible to react quickly to changing circumstances and sufficiently formal to ensure necessary changes are made quickly. Such a structure should be based on the same shared vision as the training and should work to ensure shared best practice standards on the delivery of every element of victims' rights are created, ideally by informed consensus, and followed.

Speed is another important issue because we know from Rape & Justice in Ireland, a research report published in 2010, that delay is the greatest single factor in attrition from the justice system in terms of sexual violence survivors. The wording "without unnecessary delay" used in the directive should be adopted with regard to providing information, doing individual assessments, informing victims of the carrying out of review and-or grievance procedures, and especially providing special measures during investigation. Delayed responses are very difficult for sexual violence survivors to deal with and contribute significantly to attrition. As such, speed is extremely important.

As Ms McDonald discussed the removal of unnecessary restrictions on directive rights, I will move on to the issue of resources. The Bill should include an obligation on member states to ensure free victim support services, including specialist services, are made available to victims regardless of whether they report formally to the Garda. Without such a clause, a victim's right to access these services cannot be defended through legislation. For this reason, the directive will not have been fully transposed if such provision is not made in the Bill. As the State funds victim support services, including specialist services such as rape crisis centres which are free of charge to victims, there is no practical reason not to include in the legislation a right of access to victim support services. We urge members to consider the inclusion of such a provision.

I thank the joint committee for inviting us before it and I look forward to answering any questions members may have.