Clare Daly (Dublin Fingal, Independent) | Oireachtas source

We welcome the fact the Government recognised some of the points made in committee and tabled the amendments. However, I would point out there may be slight differences in the text, which I will deal with from the point of view of the Opposition and the Government. Our amendments are essentially identical to those put down by Deputy Jonathan O'Brien and they differ slightly from those put down by Deputy Jim O'Callaghan in the sense that while we provide that a victim can be accompanied in court by a parent, relative, friend "and/or" a support worker, Deputy O'Callaghan proposes the text should read "and" a support worker. What all of the Opposition is trying to do, which the Government has not allowed for, is allow a scenario where somebody wants a family member and a support worker to be present. I do not see why that would not be accommodated by the Minister. We feel the Government amendment, while better than what we had, is a little too limiting.

The role of support workers is key and where somebody is in court as a victim of rape or a sexual crime, it is very important they have the right to be accompanied by a support worker in the absence of, say, a family member or friend. That is precisely because the victims of a rape or sexual assault go through the legal process, at least from a legal point of view, alone. The alleged rapist is legally represented whereas the victim, ironically, is only a witness to the case and unless their past sexual history is being brought up, they do not have a right to any legal representation. That is why we consider, in circumstances where the judge decides to exclude the public or certain persons, that support workers should be among the list of people who will not be excluded and that the choice should be left to the victims themselves.

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