Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

Domestic, sexual and gender-based violence should never be tolerated but too often it seems that our institutions are set up to do just that. Women are told to report it and to trust the system, but how can victims be expected to trust a system that so often fails them?

While the Minister has demonstrated a commitment to addressing many of these failings, recent controversies have shown we have a very long way to go. However, this is not only a justice system issue. It is a whole-of-government issue and it needs a whole-of-government response. At the most basic and fundamental level, each Minister must ensure that the professions and sectors under his or her remit are appropriately regulated to protect society.

One sector in which the Social Democrats have repeatedly called for regulation is dentistry. Last September, "RTÉ Investigates" revealed that a person convicted of sexual assault had been practising as a dentist but the Dental Council was unable to act. This person was not registered with the Dental Council and although that is a criminal offence, the council did not have the power to intervene. That is because it cannot enter and inspect premises. We have this ludicrous situation where the Dental Council has received a serious complaint but could do nothing abut it. The Dental Council could only act if this person was registered as a dentist. However, in the case of a dental nurse or a dental hygienist, for example, the council cannot act at all. This is because the Dentists Act 1985 does not provide for an auxiliary dental worker to be struck off the register if convicted of a serious crime. This was highlighted by the Dental Council in its 2021 submission to the Minister. At this stage in the Dáil cycle, the chances of progressing a new, fit-for-purpose dentists Bill are very slim indeed. However, the Minister for Health could progress some interim amendments to address the most serious deficits in dental regulation and he should so urgently. Unfortunately, this is not the only area of health and social care in which a regulatory vacuum exists. When it comes to safeguarding, it is still the case that HSE social workers do not have the right to enter private nursing homes. That means safeguarding teams cannot enter 80% of nursing homes to investigate suspected abuse. That needs to be tackled immediately.

In the area of mental health, counselling and psychotherapy services remain completely unregulated. As it stands, anyone could stick a plaque on their door and call themselves a therapist. In 2018, the then Minister for Health, Deputy Harris, established the Counsellors and Psychotherapist Registration Board with CORU. Yet, five years after the registration board's inaugural meeting in May 2019, the register remains at phase 2 of a four-phase development process. All the while, rogue actors continue to operate as therapists. This was highlighted by a recent "RTÉ Investigates" programme - yet another one - into so-called crisis pregnancy agencies and therapy retreats. At one retreat, women were told that having an abortion would make them vulnerable to domestic violence because they would experience what they unconsciously feel is the punishment they deserve. In the past ten years, 30 of these retreats have been held. More are planned for this year. This cannot continue.

A zero tolerance approach must include regulation of these healthcare professions but that is absent from the Minister's implementation plan. It is not just her Department; the Minister must be cognisant of the lack of regulation right across Departments. That is why the Social Democrats are calling for robust regulation to help prevent abuse in all its forms from happening in the first place.

See this speech in context