Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I thank Deputy Carthy for his question. I did indeed have an opportunity to read the Victims of Sexual Violence Civil Protection Orders Bill he introduced to the House on 26 June. Deputy Carthy's Bill seeks to provide that at the same time as somebody is convicted of a serious sexual offence on indictment the court would impose an order restraining the person convicted of the offence from approaching the victim. It is legislation I will keep under consideration. Before I make a conclusive decision on it, I have to take into account the legislation that is there at present. I am sure he will agree there is no point in enacting legislation that simply repeats what is there in our statutory framework already.

Under Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 there is capacity for an order to be granted by the court restraining an individual from approaching or coming within a certain distance of other individuals. This legislation was designed and passed as stalking legislation but it is a statutory mechanism that is in place.

I should also point out we already have in our legal system protection orders in the context of domestic violence, which would cover sexual offences in many respects. Under section 10 of the Domestic Violence Act 2018 there is a provision for the granting of protection orders. Similar to the safety order, it restrains a person, meaning the respondent remains in the home but is ordered not to use violence, threats or molestations. It imposes protections on the victim.

I should also point out the Sex Offenders Act is in place and it provides for specific requirements regarding somebody who has been convicted of one of the offences set out in Deputy Carthy's legislation.

See this speech in context