Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I welcome the Bill, which will have my support and that of my party. The Bill seeks to provide greater support to the victims of sexual violence, something that is much needed and sought after. It will allow victims who have been subjected to a sexual assault, gender-based violence or violence in close relationships to be afforded free legal advice, giving them the opportunity to receive the best advice on how to proceed in a legal as well as a personal sense.

Sexual assault, or any crime of a sexual nature, is a serious crime that should carry one of the highest penalties. I need not go into the detail of the psychological and physical scars that assaults leave on victims. While not perfect, the law around sexual offences is ever changing and we can and should do much more in our efforts to protect victims of sexual offences, be that in their treatment by the courts or by increasing funding for services that deal with them. I include the services of sexual assault treatment units in that regard. I had the great honour to represent some of the forensic nurses working in such units. The service they provide is invaluable first and foremost to the victims, but also to gardaí.

More broadly, it is important that the Garda records data accurately, as it has a knock-on effect on the wider system and on how we as a society deal with offences, in particular sexual assaults. There are issues in the Garda about the culture around and understanding of the importance of accurate data, the current system it is using not being fit for purpose and its IT systems being in dire need of upgrading. These matters were touched on by the Commission on the Future of Policing in Ireland. The Minister must address it as a matter of priority.

Sexual offences are especially intrusive and inherently violent and leave long-lasting damage. Legal support for anyone who is taking a case is vital and it is welcome that, under the Bill, this would be at the expense of the Minister.

According to the Garda, we have seen an increase of 20% or so in the reporting of sexual assaults in 2017. The latest publication of CSO figures confirms this spike. I echo the questions asked by the Minister of State in this regard, as I am interested in knowing whether the spike is being driven by a media campaign or something else. More research is needed if we are to figure out what we are doing to encourage victims to come forward. I hope that the spike is not the result of an increase in sexual-based violence. If it is, then it is concerning, but it may also be up as a result of more people coming forward. We need to examine this situation. Neither is objectively very positive, since one sexual offence is one too many, but we wish to see more cases reported and it is welcome that people feel encouraged and safe to report, given the extent to which sexual offences generally go under-reported.

A better and more comprehensive approach to reform of sentencing where it relates to sexual offences has to do with sentencing guidelines. I understand that these will be brought forward in the Judicial Council Bill 2017. Where does that Bill stand and how quickly does the Minister of State expect it to be progressed, given the clear public appetite for such guidelines? It is important that the public has confidence that the courts will hand down sentences that are appropriate and proportionate to the crimes committed. Unfortunately, that is often not the case. There are wide disparities in a number of areas, including sexual offences. Some sentences have drawn considerable comment and, indeed, anger from some quarters.

The Bill before us would certainly go some way towards giving those affected the best advice available to them before proceeding with any trial, but they most also have the confidence that justice will be served when the case is done. The reform of how trials are conducted is something that the Department is exploring. My party is looking forward to working constructively with the Minister for Justice and Equality in this regard with a view to giving the best supports possible to any victim who is taking a case to court.

Time and again, we have seen sentences handed down that are inadequate. There are undoubtedly issues relating to inconsistency and leniency. Research conducted on judicial sentencing habits has shown sentence lengths ranging from 14 days to five months in an assault case while sentences in theft cases range between 30 days and nine months and between two and 12 months in road traffic and burglary cases. As a result, the public does not trust the justice system to deliver punishments that fit the crime. As legislators, we have a duty to address what is a considerable issue in sentencing. It is my party's belief that collating, publishing and providing these parameters to judges is the best way to ensure consistency in sentencing.

Domestic violence is a crime that is repeated day after day and night after night, often for years or, in some cases, decades. We frequently express shock and outrage about one-off incidents when violence is inflicted on a victim, and rightly so, but we should never turn a blind eye to domestic violence. Why do we have an inherent tolerance for sustained attacks on human beings just because the violence occurs behind closed doors or is initiated and inflicted by a perpetrator who is known to the victim? What does that say about our society and us as legislators? The Domestic Violence Act 2018 was a welcome step in the right direction by the Government, but more must be done to protect those who find themselves in such a situation and to tackle the culture of silence that surrounds these crimes.

The lack of alternative accommodation is one of the main barriers facing victims. It ranges from the shortage of refuge beds to the lack of transitional housing to spiralling rents. Women and children who are fleeing domestic violence must be exempt from the red tape and bureaucracy that surrounds housing applications. The woman may be the joint owner of the house, but if she is fleeing for her life, then she can hardly call it her home. To this end, all housing officers should have domestic violence training in order to truly understand the dangers and dynamics of the situation of the women who are sitting before them.

Gardaí must be allowed to apply for out-of-hours barring orders to an on-call judge. The return date would be the next sitting date in the nearest available court. This would enable those victims of domestic violence to be protected out of hours and strengthen the power of gardaí who often try to deal with domestic violence without having the legislation they need to do the job they want to do and ensure the safety of victims. I hope this legislation can go some way towards that. Gardaí must be empowered to deliver safety and barring orders as a matter of course. The practice of the person who is suffering the abuse having to deliver the order to the perpetrator is absurd. We know that the most dangerous time for a woman is when she is trying to leave.

The practice of the perpetrator, who could be barred from the house, having unsupervised access to the family's children is nothing short of terrifying. It is imperative that the risk posed by that person to the children and the impact of such abuse on them are assessed and that immediate interim measures be taken to protect the children.

I understand that, although we have barring or restraining orders, they do not cover contact being made by the abuser. While this is in a way harassment, no-contact orders could be a better way of legislating against such harassment. A particular example that was in the media recently showed how victims could be consistently contacted by their abusers without the abusers being in breach of any law despite it being a form of harassment and potentially quite intimidating to those on the receiving end. The Domestic Violence Act was probably the best place to deal with such a scenario, but stakeholders were keen to get it across the line at the time and this issue was not prioritised as a result.

The Women's Aid Impact Report 2017 highlights the barriers and dangers women face when trying to leave an abusive partner, including inconsistent decisions and responses from the legal system and the Garda. We must endeavour to ensure that all victims of domestic violence are protected adequately in future, and the establishment of such an order could only complement existing protections. Most importantly, this legislation must be underpinned by additional resources for front-line services and complement current services. Sinn Féin supports this legislation and we acknowledge the work of the Deputies who have introduced it.

With the few minutes remaining to me, I wish to make a point about the language we use. We are discussing victims. As in this debate, Deputies are at times capable of being very kind in the language we use, particularly towards women. In the blink of an eye, though, our language can become extremely judgmental and harsh towards them. We saw that during the course of the debate on the recent referendum, and the double standard it revealed did not reflect well on us. If we are going to have a conversation about supporting victims of crime, in particular women, who represent the majority in this context, we need to be mindful of our language.

We should not be judgmental of a woman who has been the victim of rape. We should give her all the support, services and care she needs. We should not judge her for the choice she will make about her own future.

I commend Deputy O'Callaghan on bringing forward the legislation. Sinn Féin looks forward to working constructively with him and with the Minister of State.

See this speech in context