Réada Cronin (Kildare North, Sinn Fein) | Oireachtas source

I am also very glad to speak to this Bill on this Stage. Its wide provisions are welcome, particularly the piece in Part 2 to which the Minister of State referred earlier whereby a person who provides a character reference on behalf of a convicted sexual offender would be available to be cross-examined by the court. That is really welcome.

I am also happy to say this is particularly welcome to see as it relates, as was mentioned by my party colleague, to the earlier work of an Teachta Ó Laoghaire and an Teachta Martin Kenny, who brought forward the Sexual Offences (Amendment) Bill in 2019. It has been a long four years. It is four years in which families saw their precious daughters’ names become hashtags or headlines. It is four years in which men, and it is mostly men, inflicted unspeakable damage and sexual attacks and assaults. It is four years in which women, and it is mostly women, suffered in those attacks or arrogant presumptions and, for too many, suffered again in their subsequent experiences within the system, which can be gruelling and often retraumatising.

I note and welcome the provisions in the matter of anonymity and also for legal representation where sexual history or attire are to be interrogated. That history or attire should feature at all is something widely regarded by women, especially, as prehistoric in its motivation. Men are, of course, victims of sexual violence, attack and assault too, and they too must be protected not only in legislation but by society and the community.

For all our cultural evolution, too many men still fear the stigma of sexual violence. This is certainly the case in respect of what has been shared by men regarding their time in the Defence Forces. I refer to a time of a sexual attack by another male, when even the suspicion of homosexuality carried its own stigma, being seen as not only an aberration by society but also, at times, as a crime in law. As my party's junior spokesperson on defence, I had many dealings with the outstanding Women of Honour group and with the men who are starting to disclose their experiences as a result of the bravery of these women. Some of these men were just boys at the time of their alleged targeted assault, attack or victimisation now being reported. I take this opportunity to say to any men in that position to come forward. They will not just be heard, but will be listened to. It is important that men in that position would feel respected and heeded.

I am especially glad, therefore, that within this legislation, on foot of the recommendation of the independent review group report on dignity and equality in the Defence Forces, is the capacity to amend the Defence Act 1954. This is an extremely important provision and I welcome it. I also welcome the ongoing engagement by the Tánaiste and Minister of Defence, Deputy Micheál Martin, with the Women of Honour group. I commend him on this engagement. I thank him for it and I know that it matters to the Women of Honour.

On the specific issue of the provisions, persons subject to military law who commit specified sexual offences in this jurisdiction will, as they should, be dealt with by An Garda Síochána and the civil courts, as opposed to courts martial. Inevitably, there was a sense of secrecy and separateness when courts martial were the fora in which cases were tried, victims heard and justice administered. Inevitably too, there was a sense of other law applying. From the perception point of view, it was a bit too much like Canon Law in the Catholic Church and that separateness and otherness inflicted untold damage on our society. With the Defence Forces now, and what has now been revealed by the Women of Honour and by other women and men, this kind of damage cannot be repeated. Every case of sexual violence, therefore, including targeting and humiliation involving the Defence Forces, should be heard before our civilian courts, wherever their jurisdiction applies.

I trust the Minister of State will examine the mechanism to extend jurisdiction where an offence was committed overseas when a member of the Defence Forces was posted abroad and how this might work within our civil justice system. An Army uniform, rank or decoration cannot be seen as a camouflage. I know that courts martial operate to the highest judicial standards but optics matter and this is something the Women of Honour group has raised with me. That group believes it is better that these crimes be subject to an investigation by An Garda Síochána and tried by the civil courts on the same basis. I wonder if the Minister of State, in his closing statement, could just consider this as well and come back to the Joint Committee on Justice before the legislation goes to Committee Stage.

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