Seán Sherlock (Cork East, Labour) | Oireachtas source

The Labour Party unambiguously welcomes the Bill and acknowledges the work of the Minister and the Minister of State in bringing it before the House. The Bill is clear in what it seeks to achieve. I acknowledge the work of the Oireachtas Library and Research Service and congratulate Ms Liane Reddy, the parliamentary researcher who compiled the Bill digest and raised some very interesting points in the process.

I note that the United Kingdom is one of the signatories to the Istanbul Convention. In the context of Brexit negotiations, has there been any discussion within the Department of Justice and Equality on how Brexit may impact on the interpretation of this legislation vis-à-visour relationship with the United Kingdom given the close ties that exist between the two countries? It is a very theoretical question at this stage. It may be that because the United Kingdom is a signatory to the convention which has a certain date stamp, Brexit will have no implications in that regard. It would be very useful to have that clarified.

Cosc, the national office for the prevention of domestic, sexual and gender-based violence, states that a Government action plan to give voice to the Istanbul Convention is in place and relates to issues such as education and training modules for An Garda Síochána, the HSE, Tusla and the Courts Service. Is the Minister of State satisfied that adequate ongoing training and education is in place? Has An Garda Síochána implemented what Cosc describes as the risk assessment matrix? I do not fully understand what constitutes a risk assessment matrix. It would be useful for that to be explained and it clarified as to whether it is ongoing. Is there an integrated 24-hour national helpline to respond to the issues pertinent to the legislation? Cosc also raises the issue of support for child witnesses of domestic or sexual violence. Is the Minister satisfied that programmes, protocols or procedures are in place in respect of those issues?

My party very much welcomes the Bill. I again refer to the Bills digest, which was very useful in gaining a better understanding of the dynamics of the legislation. In respect of the principle of extra-territorial jurisdiction it states:

However, there is a "growing list of situations in which offences committed outside Irish territory are subject to the jurisdiction of an Irish court." This is largely due to the effects of globalisation, and an acceptance by the international community “that it has a common obligation to tackle certain forms of criminal enterprise that threaten fundamental interests transcending national boundaries.” As Ireland assumes obligations under an increasing number of international agreements, the extent to which Irish citizens and those ordinarily resident in Ireland may be prosecuted for acts done outside the State has also increased.

It then refers to sections of Acts such as the Domestic Violence Act 2018 and the Criminal Justice (Corruption Offences) Act 2018, and to section 4 of the Criminal Justice (Female Genital Mutilation Act) 2012. The digest also addresses the issue of Irish-registered ships or aircraft, stating:

The fact that a ship or aircraft is registered in Ireland does not automatically mean that it is Irish territory for the purpose of criminal jurisdiction once it leaves Irish territorial waters or airspace. However certain statutory provisions confer that jurisdiction on them where certain criminal offences are committed on board, irrespective of the nationality of the offender.

What is the perspective of his Department on that dynamic? Is this legislation pertinent to such scenarios?

The Labour Party fully supports the Bill.

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