Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

The 2022 sexual violence survey conducted by the Central Statistics Office paints a really grim picture here in Ireland. One in five women in Ireland has been raped with more than half experiencing some form of sexual violence. Most adults who suffered from this violence knew their perpetrator, which emphasises that these are not isolated incidents but are deep rooted societal issues. It is heartbreaking that such a significant portion of our population carries the weight of these traumas alone.

Forty-seven per cent of them have shared their experiences with another person, illustrating the stigmatisation and isolation that these victims often face.

A 2022 report by the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings, GRETA, has made it abundantly clear that while Ireland has made strides in combating human trafficking, there is an urgent need to elevate our efforts. GRETA's findings pointed to persistent limitations in our identification procedures, with a concern that trafficking for labour exploitation remains under-recognised and under-reported.

There have been no convictions for trafficking for labour exploitation in Ireland, despite the increasing number of identified suspected cases. The 2018 Global Slavery Index estimated approximately 8,000 victims in Ireland. That is a staggering number, especially when contrasted with the mere 293 adult victims and 25 child victims identified by An Garda Síochána between 2015 and 2019.

The latest figures from 2021 show 44 victims of human trafficking. European data, by the way, shows 20,000 victims across the EU. This discrepancy suggests that a significant number of victims are being overlooked or misidentified.

It is no longer enough to say we are doing our best. It is obvious, both from international bodies and our own national research, that we must do better. This Bill is a crucial step in that direction.

At its core, this Bill signifies a major shift in our approach to laws surrounding sexual offences and human trafficking, especially regarding consent.

Historically, a subjective belief around consent has been used as a defence in rape cases. This Bill strengthens the requirements surrounding, for example, character references in court. Those providing a character reference for someone convicted of a sexual offence will now need to do so under oath or affidavit. This change is designed to further protect victims from potential re-traumatisation.

The psychological impact on victims of sexual crimes is profound and we aim to ensure that when they seek justice, their identities remain confidential, alleviating the apprehension of public scrutiny.

This legislation is committed to the improvement of the criminal justice system for victims. It addresses the core issues pinpointed in these reports, from enhancing the protection and anonymity of sexual violence victims to establishing dedicated committees for human trafficking identification and assistance.

Legislation alone is not enough. Our efforts need to be bolstered with awareness. As rightly stated by Ms Noeline Blackwell, the CEO of Dublin Rape Crisis Centre, sexual violence remains "silenced in our society." We need the public to be our eyes and ears, to help identify victims and to eradicate the stigmas associated with these traumas.

The dedication of the Minister, Deputy McEntee, to tackling domestic, sexual and gender-based violence is evident, not only in this Bill but in her comprehensive zero tolerance plan. The recommendations from various reports, such as the O’Malley review, have been integral in shaping the Bill's proposals, ensuring that victims are at the forefront of our considerations.

The Bill puts in place a more inclusive national referral mechanism for identifying and supporting victims of human trafficking. This system acknowledges that trust in law enforcement might be a barrier for some victims so it includes a provision for NGOs and other State bodies to play a role in the identification process.

The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 is a monumental step towards creating a justice system that is more protective of victims, more accountable to its people and more progressive in its views on consent and sexual offences. Let us push this Bill through, not just as a piece of legislation, but as a commitment to every individual in Ireland that we will fight for their rights, their safety and their dignity.

Consider, for a second, the journey of a young trafficking victim. Under our proposed framework, her access to resources will be streamlined, her identity in legal proceedings protected, and dedicated legal representation made available, easing the often-daunting legal journey.

This Bill embodies our unwavering commitment to refining our legal system to be more responsive, protective and aligned with modern standards. Let us collaborate and champion a more secure and just environment for all.

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