Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

The State has a central responsibility to put systems in place to protect its citizens as much as possible. In this House, we pass criminal justice legislation and rely on the criminal justice system to do its work. There has been a concern about the consistency of sentencing and the Judicial Council Act was passed in 2019. One of its stated aims is public confidence in the Judiciary and the administration of justice. The fully suspended sentence given to Cathal Crotty for his violent attack on Natasha O'Brien shocked the country, and we know the leniency of the sentence has been appealed by the DPP. This is an example of public confidence in the Judiciary and the administration of justice being undermined. This case brings into sharp focus the need to train judges for consistency of sentence and for addressing bias and unconscious bias. Natasha O'Brien, who I welcome today, was beaten unconscious for daring to challenge her attacker for his homophobic abuse of a passerby. Her attacker bragged about the attack on social media and only pleaded guilty when it was obvious that the evidence was irrefutable. The idea that in 2024 a woman's safety is in some way subsidiary to a man's career is incredible, as is the fact that her career, which was impacted, in addition to her physical injuries, was not on a par with his career. We know about the circumstances of this case. How many others, as the Minister asked, have gone unnoticed?

The Tánaiste and Minister for Defence has asked a senior counsel to review the situation. However, we know that 68 serving members have been convicted of crimes, with five relating to sexual assault and one pending. It should not and cannot be the case that a conviction has to come to public attention such as the one with Cathal Crotty, for them to be excluded from the Defence Forces. I do not think we need a senior counsel to tell us that. If a member of the Defence Forces has been convicted of a similar attack, it is self-evident they should not be serving in the Defence Forces. Any legislative changes will take time, but there is an urgency to deal with this issue in everyone's interests. The Judicial Council is a relatively new body and I have no doubt it has a backlog to work through, but if we are to have consistency of sentencing the resources have to match the task. I spoke to members of the Defence Forces following the controversy. They were horrified and demoralised that someone with such a conviction would continue his career in the Army. Many feel the uniform was sullied and thought that should have formed part of the consideration when sentencing was being considered. It appears the Defence Forces were powerless to do what they wanted to do until the member was convicted. That has to change.

Bláthnaid Raleigh was one of just 5% of adults who reported sexual violence. I listened to one of her interviews and she was encouraged to do so by a woman and man who found her in a distressed state. While it is not possible to undo the damage, the resulting conviction of the rapist, and naming him in particular, brought her some sense of justice. The fact that her rapist could lead a normal life while she put hers on hold until the conviction is not isolated. However, it required her to waive her anonymity. The fact that the convicted rapist has the benefit of being anonymous is a real issue. I am not suggesting for a minute that a survivor should suffer further, but there is an issue here that would benefit from consideration of how other jurisdictions do this. Naming an individual is a real sanction and it happens in other criminal cases. How we do that without negatively impacting the victim or stopping others from reporting rape is something that seriously needs to be considered. She is an articulate woman and I applaud her for her courage in speaking out. Many more do not feel able to. The fact that almost 80% of those who experience sexual violence know their abuser makes it even more difficult. They are people living in the same town or village or living under the same roof. Going public and naming an offender can be difficult in that environment. I know situations where families have discouraged such disclosures and even discouraged the reporting of rape. In 2021 the Rape Crisis Centre revealed that just 14% of rapes reported to An Garda resulted in a prosecution. If 100 rapes are reported, that represents 5% of rapes committed. That means less than one in 1,000 results in a prosecution. If consequences change behaviour, we have to ask where the deterrent is. Some of that falls within the criminal justice area, but some falls within society.

The convicted rapist, Raymond Shorten, was found guilty of raping two women passengers on different dates. He also faces trial for raping a seven-year-old child. He has been in custody and is due to be sentenced in the coming weeks. It is not clear when he was charged with the rape of the child. However, if that preceded the rape of the two passengers in question, it must be asked if that could have been prevented. I am not sure about that, and I would welcome the Minister's clarification. We need to review the Taxi Regulation Act and make it mandatory for those holding a licence to disclose if they have been charged with a specific offence, that on conviction would exclude them from holding a taxi licence. We know it can take years for cases to come before the courts. While any individual charged is innocent until proven guilty, there is also a need to err on the side of caution when it comes to public safety. The Taxi Regulation Act 2013 provides for the revoking or suspension of a taxi licence. That is, for example, in cases where someone has been convicted of an offence.

I am also reminded of another case in 2021 that was struck out. It was a different range of things. A taxi driver alleged an old-aged pensioner had left him a house in his will. The will was a standard form that could be purchased in any stationery shop and was witnessed by another taxi driver. The case went on for a number of years, and the cost involved practically wiped out the benefits to those listed in the will made earlier with a solicitor involved. It proved almost impossible for the legal team representing the beneficiaries in this case - if you can call them that - to make a complaint to the taxi regulator. While in theory it is in legislation, in practice making a serious complaint into the fitness of a taxi driver to hold a licence proved not to be easy in that case. That has to be looked at. It is not in the interests of the majority who drive taxis, act honourably and get fares to their destination safely that there is a gap here. Taxi drivers are Garda vetted. However, the licence is awarded for a period of five years.

Is there an obligation within that timeframe to bring to the attention of the taxi regulator issues of serious charges, such as those faced by Raymond Shorten? Does a taxi driver who is charged have an obligation in this regard? This must be examined fully and it is essential that both the Minister for Justice and the taxi regulator urgently review it. The Minister has already told us she is doing that, which I welcome.

I want to move on to domestic violence, which, as we know, has reached epidemic proportions. Refuge spaces are critical. I do not need to tell the Minister that because we have talked about this on numerous occasions. The lack of resources provided for alternative accommodation is of major concern. Women fleeing with children very often consider their children's schools and friends and are very often in an uncertain situation. Very often, they do not have any money and may not even have a bank account. Like others, I deal with situations where people feel they have been presented with genuine challenges. Indeed, I am dealing with a few at the moment. Often, we find that women have lost confidence because of abuse and are really at rock bottom and need the State to wrap itself around them at that stage.

I might talk to the Minister separately about a couple of issues that I wanted to address; however, since my time is up, I will leave it at that.

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