Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I am pleased the House is discussing this Bill. I share the Minister's regret that it has not been possible to secure all-party agreement to pass all Stages today. The groups campaigning on behalf of victims of sexual offences have shown great dedication to their cause, and it is a matter of concern to all concerned that the legislation may not be enacted prior to the dissolution of the Dáil. I hope the Bill can be passed early next week, although I accept the matter is not in the Minister's hands. We can only play our part by assisting her.

I, too, pay tribute to the many organisations involved in this issue. They have done a major service by informing and briefing legislators about the issue and providing us with background information. I also pay tribute to a number of women who were forced to work as prostitutes. It was a horrific experience listening to their testimony and great credit is due to them for meeting Members, both privately and publicly. I attended a private briefing session they gave in Buswells Hotel and they also appeared before the Joint Committee on Justice, Defence and Equality. Many of them have also participated in documentaries and current affairs programmes such as RTE's "Prime Time".

It is often said that prostitution is the oldest trade in the world and people tend to laugh off the issue with a little bravado. The brouhaha associated with it does not cut any ice with me and many others. As I have consistently stated, organised criminality lies behind prostitution and people are making large, illegal profits on the back of a form of slavery and coercion. I was particularly struck by the testimony of a witness who pointed out that the younger a prostitute is purported to be, the busier he or she will be. Men, women and children are involved and it is high time we addressed the matter. My party naturally supports the Bill.

In the short time available to me, I propose to outline some of the concerns that have been brought to my attention and, I am sure, that of the Minister. I hope they will be addressed during the passage of the Bill. The Irish Society for the Prevention of Cruelty to Children welcomed the Bill as a wide-ranging reform that aims to offer greater protection to children. However, it expressed concern about the apparent omission of risk assessment guidelines and provision for post-release supervision of sexual offenders. This is one of the key components of ensuring children and members of the public are better protected from offenders who may seek to prey on them. I ask the Minister to address that issue in due course.

The National Women's Council of Ireland also welcomed the publication of the Bill. It is concerned, however, that the legislation contains significant gaps in terms of providing protection for victims of sexual violence. While the NWCI acknowledges that the Bill introduces many important and much-needed reforms, especially for children, it believes that significant gaps remain, particularly in the provisions on the protection of women who are victims of sexual violence.

The One in Four organisation highlighted the issue of protection from disclosure of counselling notes during a criminal trial. Under the Bill, an alleged abuser will no longer be able to seek disclosure as part of a fishing expedition or in an attempt to discredit the alleged victim and will have to provide clear reasons for the production of counselling notes. The organisation believes counselling notes should be completely excluded from criminal trials. Nonetheless, it welcomes the measures as a positive step towards complete privacy in respect of counselling notes.

I met Mary Flaherty, a former colleague of the Minister and the director of the CARI Foundation, a leading voluntary organisation with a proven track record in providing child-centred specialised therapy and support for children, families and groups affected by child abuse. While welcoming the move towards establishing a clear statutory framework for the duty of disclosure in criminal cases, Ms Flaherty raised issues about the disclosure of therapy notes of children who have experienced sexual abuse. She pointed out that for therapy to be effective and child centred, a private space is required for a child to explore sensitive issues without fear of the information being used for any other purpose. She also noted that in cases where confidentiality cannot be assured, the core undertaking of therapy is undermined at a very fundamental level. The disclosure of such a record, she continued, can also lead to further psychological distress and potential re-traumatisation for the child, especially as the person who has sexually abused the child can have access to his or her more sensitive and private information.

Concerns have also been raised regarding cross-examination by accused persons.

The Bill prohibits the cross-examination of a person under 18 years of age by the accused person in a criminal trial. This is welcome. However, many believe that this exclusion should be extended to all victims of sexual crime, as is the case in England and Wales. A representative of One in Four has asserted that it is horrifying to think that a victim of sexual violence should be subjected to a verbal assault in court by the person who violated him or her in the first place, and that this must change.

I alluded to the criminalisation of the purchase of sex at the start. Obviously this is contained in the Title of the Bill. The Minister is aware that we fully support it. The Children's Rights Alliance is on board, as is the Irish Medical Organisation. I wish to put on the record that the Fianna Fáil party has consistently supported efforts to eradicate prostitution in Ireland as well as efforts to put an end to human trafficking, which the sex industry fuels. I remind people that in government we passed the Criminal Law (Human Trafficking) Act 2008, which criminalised the trafficking of human persons for the purposes of sexual exploitation.

The last item I wish to raise relates to the need for a new Sexual Abuse and Violence in Ireland report. The members of Fianna Fáil are keen to raise this. It is not covered in this legislation but it is a connected issue. There is a need to commission another report on sexual abuse and violence in Ireland. My colleague, Deputy Kelleher, raised the matter in November. The original SAVI report was published in 2002. It was the foundation on which the Ferns, Ryan, Murphy and Cloyne reports were delivered. Representatives from the Dublin Rape Crisis Centre and others believe that a second SAVI report should be conducted.

I am delighted that this legislation has been introduced. I sincerely hope that it helps to bring closure for the many people who were forced into being prostitutes or sex workers against their will. Moreover, I hope it delivers another tool in the armoury of An Garda Síochána to focus on gangland criminality, which is behind the trafficking of people for sexual exploitation.

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