James Browne (Wexford, Fianna Fail) | Oireachtas source

I express many thanks to the Labour Party for tabling this important motion on gender-based violence. I acknowledge the deeply-considered contributions of all the speakers here. Many important issues have been raised and I know the Minister, Deputy McEntee, will address many of them later this afternoon when we will be hearing statements on tackling domestic, sexual and gender-based violence.

As the Minister, and colleagues, outlined earlier, the Government is not opposing this motion. We all agree that domestic, sexual and gender-based violence has absolutely no place in our society and we need to maintain the momentum to keep the process of change moving. Discussions today have focused on what is needed to prevent retraumatisation from being experienced by victims engaging with our criminal justice system. We know the courts can be daunting places for victims. As the Minister of State with special responsibility for law reform, I have been supporting the Minister, Deputy McEntee, to improve our legislation and supports to try to make the courts a little less daunting. We have increased funding for supporting victims through the system; progressed initiatives to raise awareness of the rights provided for in the victims of crime Act 2017, and explained this in the Victims Charter; and are progressing the recommendations of the O’Malley review through the Supporting a Victims Journey initiative.

The motion today touches on several judicial aspects concerning which neither the Minister, Deputy McEntee, nor I can play any direct role. The separation of powers is a cornerstone of our system of criminal justice and needs to be upheld to the highest degree. Sound constitutional reasons exist for the practice in this House of Members not criticising individual judges or saying anything that could be construed as an attempt to influence individual cases. The blurring of this separation can slowly chip away at a democratic society. Nonetheless, we as the Government are responsible for ensuring that the system as a whole is effective and vindicates the rights of victims. This is an ongoing work, with significant reform being carried out, and the Government is committed to ensuring we achieve this objective.

The motion calls for a review of the practice of suspended sentences and an increased urgency in the development of sentencing guidelines by the Judicial Council, clear guidelines on the use of character references and a comprehensive database of judicial sentences. As the Minister, Deputy McEntee, informed the House earlier, the Judicial Council’s sentencing guidelines and information committee is progressing work on sentencing guidelines. As the House knows, the Judicial Council’s sentencing guidelines and information committee has the function of preparing and submitting draft sentencing guidelines to the board for review. It also monitors the operation of sentencing guidelines and collates information on sentences imposed by the courts in an appropriate manner.

The committee comprises eight judges nominated by the Chief Justice and five lay members appointed by the Government. This committee decided it would produce guidelines for specific offences and classes of offences, and two areas identified as important both by serving judges and by the members of the committee have been prioritised: offences of domestic violence and violence in the context of a relationship; and fatal driving offences.

The committee engaged South East Technological University to carry out a research project with judges in the District Court on domestic violence offences. I understand the final draft of that report was delivered to the committee three weeks ago and that the committee has accepted its key recommendations relating to the sentencing of relationship violence cases in the District Court.

The committee intends to proceed to the next phase of guideline development, which will involve consultation with stakeholder organisations and experts. The committee will then provide draft guidelines to the board of the Judicial Council, which it expects to do before the end of this year.

On fatal driving offences, it is expected the committee will be able to produce draft guidelines relatively shortly, after the production and submission of the guidelines on domestic violence and violence in a relationship. Thereafter, it is proposed to produce further guidelines dealing with other offences on a regular basis. While the work under the remit of the Judicial Council is not something I or any elected official can interfere with, the House can be sure the process of developing sentencing guidelines is under way in a systematic fashion.

The Minister referenced that the Judicial Council has made available as a resource to judges a database containing every sentencing judgment made by the Court of Appeal and a sentencing handbook. For 16 years the Supreme Court, more recently followed by the Court of Appeal, has produced a series of guideline judgments on the approach to sentencing for particular offences and classes of offence. There is also a series of judgments dealing with factors that can apply to sentencing for any offence. The committee has produced a guide to all of these judgments which is available on the Judicial Council website. It has also prepared a database containing every sentencing judgment delivered by the Court of Appeal since its establishment ten years ago, searchable by name or offence.

The director of judicial studies of the Judicial Council, Mr. Justice Charleton, has supervised the compilation of the sentencing handbook, which runs to almost 500 pages. It was distributed to all judges on 10 June this year in hard copy and is also available in soft copy. It deals with serious offences, normally those triable on indictment, and its principles are also relevant where such offences are triable on a summary basis.

One of the roles set out in the Judicial Council Act 2019 is responsibility for the provision of continuing education for judges. The Act provides for the establishment of the judicial studies committee to facilitate that training. While the Government has no role in these matters, I have been advised the work of the judicial studies committee has involved conducting training events on sentencing and bail, as well as seminars and workshops on avoiding retraumatisation of victims, unconscious bias, coercive control and other relevant matters. In many of these courses, civil society groups that work with victims or those directly affected by the relevant issue were consulted in the design and took part in the delivery of the course. Comprehensive training is now provided by the council to all judges on appointment, in addition to the training provided to all serving judges on an ongoing basis.

The work of the Judicial Council complements the work of the Department undertaken to improve the system. We need to look at the improvements and work under way as a whole. While we know more has to be done, we are making progress. The roll-out of further training under the zero tolerance strategy for all involved in domestic, sexual and gender-based violence work and the establishment of dedicated family courts will complement the system reforms.

I will continue to work with the Minister, Government colleagues and Cuan to reform the system and promote behavioural change in society and on legislative change and increasing support for victims. All of us in this Chamber have a common goal and that is to make the system better. While we will never be able to undo the suffering experienced by victims, we must continue to do our utmost to ensure they are supported, treated with respect, cared for and given the information needed on services and safeguards. We must ensure their journey through our criminal justice system is as good as it can be, while remaining mindful it can be a traumatic time for people. We must minimise the burden of seeking justice and prevent further revictimisation. While we will not always agree on matters in this House, we all agree that we need to keep the momentum of change going and work towards a society with zero tolerance for domestic, sexual and gender-based violence. This Government is committed to getting there.

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