Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

My thanks to People Before Profit-Solidarity for tabling this motion on gender-based violence. I acknowledge also the emphatic contributions made by all speakers across the House. Like other speakers, I also want to acknowledge our visitors in the Gallery today and thank them for their input.

As the Minister made clear earlier, the Government is not opposing this motion. We are all in agreement that we need to keep the momentum of change going as we work towards our objective of zero tolerance for domestic, sexual and gender-based violence in Irish society. The programme for Government commits to tackling this epidemic as a major priority. As Minister of State with responsibility for international law, law reform and youth justice; I have a key role in supporting the Minister and Government colleagues to keep driving improvements to the criminal justice system, and to supporting victims of gender-based violence. I am deeply committed to this important work.

The Third National Strategy on Domestic, Sexual and Gender-Based Violence was published in 2022, and runs to the end of 2026. Under this zero-tolerance strategy, we have increased funding for supporting victims, introduced new legislative provisions, and established Cuan as a dedicated agency to further drive this work. The Minister mentioned some of the reforms that have been introduced to better support victims of gender-based violence, including increasing the maximum sentence for assault causing harm. In addition, we now have new stand-alone offences of stalking and non-fatal strangulation. Both of these offences are common ways in which abusers target victims. It has been shown that non-fatal strangulation can be an indication of future, lethal violence and is a risk factor for homicides against women in the home. Other legislative reforms have extended restrictions on perpetrators cross-examining victims and provided for preliminary trial hearings. The introduction of pre-trial hearings has helped to increase efficiency in how trials are run and allow for difficult issues to be dealt with in advance. This reduces delays and eases what can be a traumatic process for victims.

The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 addressed a number of recommendations set out in the comprehensive O'Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences, including around anonymity and legal representation in certain contexts. It also introduced a provision relating to character references in sexual offence cases. Now, regardless of whether a reference is being provided in person or in writing, this must be done on oath or via an affidavit. This requirement underlines the gravity of providing a character reference for a convicted sex offender and it goes further than the regime in place for other serious crimes such as robbery or manslaughter.

A number of Deputies raised the issue of the disclosure of counselling records. This is a complex and highly sensitive area, balancing individuals' rights. On the one hand, there is the victim’s right to personal privacy and on the other, the accused person's right to a fair trial. This entails a right to disclosure of any material that may strengthen the defendant's case or weaken that of the prosecution and if this is breached, the prosecution may be compromised or the conviction quashed.

The law in this area was substantially reformed in 2017 by the insertion of a new section 19A into the Criminal Evidence Act 1992, which created a new process by which the court would examine applications to release counselling notes and make a decision taking into account the right of the victim to privacy and the risk of traumatisation while ensuring the constitutional right of the accused to a fair trial. However, it appears that this provision is not operated in practice as intended. Given the importance of the issue, the third national strategy on DSGBV committed to examining and reviewing the issues again, including from the victim and survivor perspective. To progress this important work, an interdepartmental working group, led by the Department of Health, was established in 2024 and includes stakeholders from the sexual violence NGO sector that ensure collaborative input from vital victim and survivor services is taken into account. Officials in my Department are examining as a matter of urgency what steps, including adjustments to the legislation concerned, could be taken to ensure the appropriate balance between the rights of a victim to privacy and to seek counselling help and the right of a defendant to a fair trial can be achieved in practice.

Any changes to the law must be very carefully considered to avoid the risk of constitutional challenge.

Another focus of the motion has been on removal of guardianship rights for those who kill the other parent of their children. This is a commitment in the programme for Government as part of the ongoing work to implement appropriate recommendations from the study on familicide and domestic and family violence death reviews. Work is progressing on an appropriate legislative amendment, which is a priority for the Minister, Deputy O'Callaghan.

A central element of delivering on the zero-tolerance goal of the third national strategy was the establishment of a statutory domestic, sexual and gender-based violence agency, Cuan, which was launched one year ago this week. Cuan has a specific mandate to drive the implementation of the strategy across government, bringing the expertise and focus required to tackle this complex social issue. It works in collaboration with the NGO and domestic, sexual and gender-based violence services sectors to ensure that the best possible services are in place to meet the needs of victims and survivors, including safe and accessible accommodation.

Some Deputies mentioned refuge spaces. A total of 12 new refuge spaces were delivered in 2024. In 2025, this year, Cuan expects 22 new units to be delivered in Dublin and Louth with a further 49 units due to be under construction or due for refurbishment in 2025. That will bring the total number of new units to be delivered or under construction to 230 by the end of 2025, which is up from 140 at the outset of the strategy.

Deputies mentioned the need for education programmes to tackle DSGBV. Cuan is leading on the awareness-raising campaigns designed to reduce the incidence of domestic, sexual and gender-based violence in Irish society as well as ensuring that all victims know how to access the supports they require. Cuan is also working in partnership with the Department of Education on the new SPHE curriculum across junior and senior cycle in secondary schools, and oversees the highly successful "Consent Ed" project in partnership with Galway Rape Crisis Centre, which provides training for secondary school teachers. In an age-appropriate way, these resources cover healthy relationships, boundaries, consent and challenge misogyny and gender-based violence. In addition, the Higher Education Authority and Cuan are co-funding the development of a new sexual violence awareness campaign, which will be rolled out across 12 higher education institutes in early 2026.

A number of other key actions have been delivered under the five-year zero tolerance strategy. Divisional protective service units have been rolled out so that specially trained gardaí are available to support victims of sexual offences across the country. In addition, a new sexual offences unit has also been established in the Office of the Director of Public Prosecutions.

My Department is funding a professional diploma in intermediary studies at the University of Limerick. A pilot scheme has been put in place in criminal courts nationwide and a register of qualified intermediaries is available to the DPP and the court. A review of the effectiveness of the pilot scheme will inform further improvement and roll-out of the intermediary system.

I again thank Deputies for their wholehearted and emphatic contributions. I ask them to keep the spotlight on gender-based violence active. Important progress has been made but we must work harder collectively to improve the system and further enhance supports for victims of gender-based violence.

Reform takes time, but my Department and Government colleagues are fully committed to making it work better for those who need it, for those who are the victims of these horrific crimes who must be at the centre of everything we do to reform this process.

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