Oireachtas Joint and Select Committees

Wednesday, 13 November 2019

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Criminal Justice (Victims of Crime) (Amendment) Bill 2018: Discussion

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I thank Deputy O'Callaghan and the witnesses. Sexual, domestic and gender-based violence are important issues and I am glad the committee is taking them so seriously. I wish to note some points and then I will ask a question. I welcome the Bill and offer it my strong support. It is a short, concise Bill, which does not seek to move mountains. It would secure greater information and support for people in difficult and vulnerable situations. Given that we are dealing with highly sensitive complex cases, often involving a great deal of trauma and shame, it is only right that we make extra efforts to provide support.

Context is important. Mr. Purcell mentioned how Ireland has just ratified the Istanbul convention on violence against women. We need to ensure that it is not only aspiration but that we match the commitment with action and material support. I have seen this with the Convention on the Rights of Persons with Disabilities, where words are not always followed by action. Providing better and more inclusive legal aid and advice is an important step in this.

On improvements, the point made by Ms Counihan and the RCNI on when legal advice is needed is crucial. I fully agree that people need this information and support before they contact An Garda Síochána or they might not make that call at all. This is something we should consider for the Bill.

The Law Society presentation also sets out just how ad hoc and piecemeal the current system is. That is the Bill's value as it would provide a framework for the State to put a clearer, simpler system together in one place. If we did that, it would bring us closer to Deputy O'Callaghan's goal of increasing the number of people coming forward and would send a signal to women that if something awful does happen, there is a service that will support them comprehensively from day one. That would be brilliant. Currently, women can feel as though they are being passed around from service to service, which makes the entire process more daunting.

I wish to ask Deputy O'Callaghan whether the money message issue might impact the Bill. He will be aware that this is something on which I have worked closely over the past year. I firmly believe the Government has been acting outside the bounds of the Constitution and abusing its power. It seems possible if we finish this review and the Bill moves forward that the Government will argue that this will cost money and seek to veto it. Is the hope that a money message will be provided?

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