Dessie Ellis (Dublin North West, Sinn Fein) | Oireachtas source

I dtús báire, cuirim fáilte roimh an mBille seo agus gabhaim buíochas leis an Teachta Naughten mar gheall air. I welcome the opportunity to speak today on behalf of the Sinn Féin party on Deputy Naughten's Criminal Law (Incest) (Amendment) Bill 2012 and I commend the Deputy on his preparation of this Bill. Deputy Naughten's Bill proposes to end a legal loophole that for 17 years has ensured that while men are liable for life imprisonment if convicted of incest, women may face only shorter sentences. The Bill seeks to amend the Punishment of Incest Act 1908, a law inherited by the Irish State after Independence, in order that both men and women can be imprisoned for life. As most Members present are aware, the original legislation carried a maximum prison term of seven years. This was extended in 1993 and 1995 after a public outcry when a Kilkenny father was jailed for abusing his daughter. The problem is that although the legislation now means that men could face life imprisonment for such crimes, the amendments did not cover women. This means the law now is different for men and women, as the latter are still faced with only a seven-year maximum sentence. Over the years, a number of cases have highlighted the need for this change in the law, and one particular high-profile case in Deputy Naughten's own constituency comes to mind. At the time, the judge pointed to the need for legislative intervention to remedy this discrepancy, and there was a public call from legal experts to have equal sentencing for men and women convicted of incest.

This Bill also highlights a true failure on the part of the State to proactively review and modernise legislation relating to sexual crimes. Sexual violence probably is the most pervasive crime in Irish society, yet it remains under-reported, under-investigated and under-prosecuted. Conviction rates are low and criminal sentences rarely reflect the devastating impact of the crime on its victims. For their part, policy makers and policing services consistently fail to give this crime the focus or resources it deserves. Service provision for victims and survivors is entirely dependent on where one happens to reside, and there is a lack of consultation with those affected regarding the types of service they seek and need. At present, there is an insufficient number of sexual assault treatment units, SATUs, nationwide. According to research conducted by Rape Crisis Network Ireland, RCNI, the reasons victims do not make complaints or reports to the Garda are varying and complex, and concerns about the criminal justice system feature prominently among them. However, the most commonly stated reason is the victim did not want others to know what had happened. In general, new and more effective systems are needed, backed by increased resources, training and other measures, to ensure that sexual assaults and sexual abuse are thoroughly and sensitively investigated and prosecuted and that the victims or survivors receive adequate support to proceed with and complete prosecution.

Sinn Féin acknowledges that most child victims of abuse are abused by a family member. Therefore, measures such as sex offender registers and vetting in isolation will not stop abhorrent crimes of sexual abuse from occurring. Sinn Féin recognises the potentially grave harm that can be caused to children and others by tabloid-style naming-and-shaming policies, particularly to victims and survivors of incest, and therefore it opposes such policies. My party calls for adequate resources for best-practice sex offender treatment programmes, both in custody and post-release in the community. Sinn Féin believes that safeguarding the well-being of children and young people to protect them from physical, sexual and emotional harm and neglect should be a priority in law and policy. In all matters concerning the child, the welfare and protection of the young person must be paramount.

In concluding, I reiterate my support for Deputy Naughten's Bill and state that my party and I will support its passage to Committee Stage. This should have happened a long time ago. I also repeat the call for the Government to prioritise reforming the law in respect of sexual crimes to create a safer environment for all citizens.

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