James Browne (Wexford, Fianna Fail) | Oireachtas source

The Bill sets out a package of measures that will introduce important reforms across a number of areas. I would like to stress that the common ground underpinning all of these measures is our commitment to strengthening the protections of vulnerable victims. Victims of sexual crimes and human trafficking undergo harrowing personal journeys. These can often be long, difficult and traumatic. They deserve to feel safe and supported in accessing justice and in availing of protections that they deserve. They also deserve systems that prioritise their well-being and that deliver for them. Enhancing protections for vulnerable victims is a priority for me and my Department.

The Domestic, Sexual and Gender-Based Violence Agency Bill 2023, which I was pleased to introduce to the Dáil last week, is another important measure, and this agency will be instrumental in driving forward the whole-of-government, zero-tolerance approach that underpins our third national strategy. Legislation creating new stand-alone offences of non-fatal strangulation and stalking was also introduced in recent months. In addition, the maximum penalty for assault causing harm has been increased from five to ten years. Meanwhile, the Sex Offenders (Amendment) Act 2023, enacted in April, is designed to strengthen the management and monitoring of sex offenders in the community.

However, we acknowledge that legislation alone is not enough, and that is why our Department has also developed an ongoing series of high-profile awareness and information campaigns, including raising awareness of victim's rights and of intimate image abuse as a criminal offence. Further awareness campaigns are planned for later in the year. We have also seen the establishment of a specialist sexual offences unit in the Office of the Director of Public Prosecutions, and the Criminal Justice (Legal Aid) Bill 2023 underwent pre-legislative scrutiny only yesterday. The provisions of that Bill allow for the Legal Aid Board to provide free legal advice in sexual offence cases, with free legal advice also available to a victim at any time after a sexual offence has taken place.

The main objectives of this Bill include reforms around consent in line with the O'Malley review on protections for vulnerable witnesses in the investigation and prosecution of sexual offences. They also include a proposed new NRM for the victims of human trafficking and putting it on a statutory footing. Another objective of the Bill is to clear final obstacles around the ratification of the second optional protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Bill also aims that, on foot of the recommendations of the independent review group report on dignity and equality issues in the Defence Forces, the Defence Act 1954 will be amended to ensure that persons subject to military law who commit specified sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts, rather than by court martial. The Bill also provides that character evidence introduced at a sentencing hearing for a person convicted of an offence listed on the schedule of sexual offences in the Sex Offenders Act 2001 must be made on oath or via affidavit.

All of these measures address insidious, often hidden, heinous and horrific crimes against the most vulnerable of victims in our society. A zero-tolerance approach is the only approach. A whole-of-society and a whole-of-government approach are ones that have to be taken. Significant work has been done by the Minister, Deputy McEntee, and myself in the Department, and more work is ongoing. All of this is at the heart of law and order and ensuring a just society. I have heard the Deputies’ comments, which will be taken into account. We will have a further opportunity on Committee Stage to discuss amendments.

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