Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I thank the witnesses for attending this morning. As the Chairman mentioned, the purpose of this meeting is for the committee to scrutinise legislation I introduced last year. It is a small Bill titled the Criminal Justice (Victims of Crime) (Amendment) Bill 2018. In order for legislation to progress further through the Houses of the Oireachtas, we apply scrutiny through today's process. Neither I nor anyone on the committee is particularly sensitive, so the witnesses should feel free to be very critical of the legislation and to outline how it could be improved. This is a very important part of the process of ensuring that any legislation introduced is effective and works. I thank the Rape Crisis Network Ireland and the Law Society for their opening statements, which we have received and I have read closely. They are very helpful contributions to the debate.

I will give an overview of the reasons for the legislation and its effect, if introduced. The reasons for the legislation derive from the fact that in Ireland we have low levels of reporting of sexual offences. In recent years, the recorded crime figures have shown that reporting of sexual offences has increased but that is probably partly because we have had such low levels of reporting in the past and much of the increase is accounted for by historical reporting of previous offences. Many people who are victims of sexual offences and rape find it a very intimidating process and they do not report those offences to the same extent as somebody who is a victim of an assault on the street or a burglary. I know it is difficult to accumulate accurate statistics in this respect, but the One in Four organisation has estimated that only 15% of victims of sexual abuse make complaints to An Garda Síochána. Irrespective of the true figures in that respect, we as legislators have a responsibility to take legislative steps to improve those statistics and make it more comfortable for people who are victims of sexual assault to come forward and make complaints to An Garda Síochána.

As I said, part of the reason for this is that many victims of these offences find the criminal justice system quite intimidating. It is an intimidating system for many persons involved in it. Its primary function is to determine whether a person accused of a particular offence is guilty or not guilty. It is unfortunately also true in cases involving rape or sexual assault that the complainant very much becomes a party heavily involved in those proceedings. The process by which the complainant comes before the court can have a very negative effect on him or her, and can also have a very negative effect on other persons reading about the experience complainants have had.

The purpose of the Bill we are discussing is to amend progressive and important legislation enacted by the Houses two years ago, the Criminal Justice (Victims of Crime) Act 2017. Specifically, this Bill seeks to amend section 17, which deals with special measures during investigations. At present, the section contains provisions outlining the special measures which may be implemented in respect of a victim during the course of the investigation of an alleged offence. One of the special measures available to the victim is that where the alleged offence involves sexual violence, gender-based violence or violence in a close relationship, the victim may be informed of his or her right to request that interviews are carried out by a person of the same sex as him or her. That is a welcome addition to the protections available to a complainant, but the purpose of this legislation is to go further and provide greater protection and support to individuals who come forward and make complaints.

One often hears when speaking to persons who have been through the criminal justice process as a complainant, particularly in cases involving sexual assault and rape, that they did not realise at the outset the extent and nature of the process in which they were getting involved.

For instance, they were not aware that statements they provide to the Garda and the statements of other people supporting them would be provided to the accused, as they must be. They are unaware that when it gets to court for the hearing of the prosecution that the complainant will be required to give evidence in respect of their statement. They are unaware that the complainant will require to be cross-examined by the accused in the case or by counsel representing the accused. They may be unaware of the extent to which their case can become an issue of public notoriety in the newspapers, notwithstanding that their identity will be protected.

The purpose of this short amending legislation is to provide that in such cases of sexual violence, gender-based violence or violence in a close relationship, where complainants go to make a complaint at the outset, they will be provided with relevant information and legal advice by a solicitor, funded by the Minister, advising the victim of the process involved and actions required for criminal proceedings in respect of the alleged offence to be brought and heard.

Currently, in many instances this protection and resource is provided by rape crisis centres, which have their expertise. Individuals can be given advice by a solicitor as to what will be involved in the process. However, it would be beneficial if we could enact that and ingrain it in legislation.

The Bill seeks to provide levels of support that I believe will not be costly for the State. We propose that legal advice under the criminal legal aid scheme be provided to complainants. It will not involve them being represented at the hearing of the process because laws exist for that to apply. However, it will mean that at the outset, formal legal advice will be given to a complainant, telling her - as the case generally is - of what is involved in the criminal process and being present for the complainant as she goes through that process of the complaint leading up to the prosecution.

I am conscious that in practice this will require the State to fund legal aid solicitors who will be able to provide this scheme. I will be interested to hear from the Law Society regarding the extent to which it believes this would be a burdensome process on any solicitor. It would be beneficial if complainants knew before going to An Garda Síochána that if they go down the process of making a complaint, they will have the support of a solicitor funded by the State, who will be able to advise them in respect of what is involved in this process. Provision of such information would be beneficial because it would give individuals an overview of what is involved. In a way it is a hand-holding exercise to make them feel more comfortable when it comes to the process of making the complaint.

That is the purpose behind the Bill. We are starting off in the legislative process and amendments will be tabled in respect of it. I am happy to hear any amendments that might be recommended by RCNI, the Law Society or any colleagues. It would be a valuable addition to provide that level of support for complainants in what are very difficult criminal acts perpetrated against them and where they need the support of the State to bring the complaint.