Dáil debates

Tuesday, 12 February 2019

Criminal Law (Extraterritorial Jurisdiction) Bill 2018 [Seanad]: Second Stage

 

7:40 pm

Photo of Fiona O'LoughlinFiona O'Loughlin (Kildare South, Fianna Fail) | Oireachtas source

I thank Deputy O'Callaghan. Violence against women, in all its manifestations and forms, is a deeply traumatising act, that demands Government action on many different levels. Apart from the physical violence, the emotional and mental impact is also huge.

The Criminal Law (Extraterritorial Jurisdiction) Bill 2018, which we have before us, is good on two different levels. The fact this Bill contains the final legislative action required in order for Ireland to ratify the 2011 Istanbul Convention is really important. There have been numerous delays in this process, but Fianna Fáil welcomes the completion of this process as the last step which must be taken before the convention is ratified. When we look at where we are now, a total of 45 countries have signed the convention and of these, 33 have ratified it so far. We want Ireland to be the 34th. Sone 12 countries have signed it, but have not ratified it. We certainly should not delay in bringing it further because the Istanbul Convention is a really important one. It is basically about preventing and combatting violence against women, particularly domestic violence. It is the first European treaty which specifically targets violence against women and domestic violence. Sometimes we need to remember the purpose of the convention, namely, to protect women against all forms of violence; to prevent, prosecute and eliminate violence against women; to eliminate domestic violence; to contribute to the elimination of all forms of discrimination against women and promote a substantive equality between women and men, including by empowering women; to design a comprehensive framework, policies and measures for the protection of and assistance to all victims of violence against women and domestic violence; to promote international co-operation, for which this Bill is key, with a view to eliminating violence against women and domestic violence; and to provide support and assistance to organisations and law enforcement agencies to effectively co-operate in order to adopt an integrated approach to eliminating violence against women and domestic violence.

My colleague, Deputy O'Callaghan, has outlined the very stark situation in Ireland in terms of the statistics we have on violence against women and domestic violence. It is harrowing and shocking. Barely a week goes by without a woman coming to me in my constituency to seek help, support and advice on what she can do. Many of them are in situations where they are still living with the abuser. It is an awful state of affairs and we need to do more as a country to protect women, who are in this horrific situation, and their children. There are many areas where we can help to provide support. There are still some counties without refuges. Luckily, we have a very good one in Kildare town that gives much support to women and their families but, of course, like any other organisation that is giving really imperative help and support to women and families, it needs more help, particularly with providing counselling to these women and their children. We also need to ensure housing money is ring-fenced for women who have to leave the family home.

This particular Bill seeks to expand extraterritorial jurisdiction over a number of offences, which include assault, harassment, coercion and rape. It certainly is the obligation of the State to address certain forms of criminal behaviour which transcend national borders. As a result, serious crimes committed by Irish people abroad should be liable to be prosecuted in Ireland. Extraterritorial jurisdiction is not a new concept but it is a very important one and it is one we need to sign up to.

Domestic violence is more than a human rights violation and a public health issue. In its report last year, SAFE Ireland highlighted the often forgotten about and ignored consequences of same in terms of exploring its wider economic and social impact. The purpose of this Bill is to create extraterritorial jurisdiction over certain offences contained in the Non-Fatal Offences Against the Person Act 1997 and the Criminal Law (Rape) (Amendment) Act 1990, as well as extending extraterritorial jurisdiction to murder and manslaughter committed abroad by Irish residents which is really important. Extraterritorial jurisdiction is the situation when a state extends its legal power beyond its territorial boundaries. Examples include where a state maintains jurisdiction over its citizens when they are overseas, and where certain criminal offences can be prosecuted in a state regardless of where they were committed, for example, piracy and child sex offences. That is the main overview of the Bill.

As my colleague, Deputy O'Callaghan, outlined, my party of Fianna Fáil supports this Bill. It is an important step in the ratification of the Istanbul Convention. We need to be the next country to ratify it. It is to protect women in very difficult and vulnerable situations because, no matter what the law is, women are in very difficult situations in terms of their health and, indeed, their lives in domestic situations. We need to be able to equip the Judiciary with everything we can to ensure perpetrators of violence against women and domestic violence can be brought to heel, even when they escape and leave the jurisdiction.

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