Matt Carthy (Cavan-Monaghan, Sinn Fein)

Cuirim fáilte roimh an deis labhairt ar an Bhille seo. One of the key problems within the justice system is the length of time that it takes for court cases to be heard and that often means that victims and their families are forced to wait far too long to get justice. There are particularly lengthy delays in respect of sexual violence cases, which of course increases the trauma for victims. It impacts on the abilities of victims, survivors and their families to get about rebuilding their lives. Court delays contribute to other problems, including a matter that we have discussed on a number on occasions, which is the huge number of crimes that are being committed by those who are on bail. That is due to the larger number of people who are on bail awaiting court cases and then the high number on remand.

The Law Society of Ireland has highlighted the fact that cases in this State currently take 1.5 times longer than the European average. It pointed out that too few judges and court staff are tasked with managing a disproportionately high caseload, further exacerbating delays and undermining the system's effectiveness. By numerous bodies, Ireland has been criticised for the low number of judges that we have. The EU justice scoreboard, for example, this year shows that for the past decade Ireland had the lowest number of judges per capita across all EU states. Therefore, we welcome the increase in the numbers of judges as provided for in this legislation.

I make the point strongly to the Minister that there needs to be a corresponding increase in Courts Service staff to ensure delays are reduced. We need to look at the physical infrastructure of the courts that has also been identified as inadequate in many instances to meet the challenge and needs of the justice system.

Issues have been highlighted by the Law Society and others in terms of privacy, for example, around family law cases and how the physical infrastructure in the courts, in many cases, restricts their ability to operate effectively. In addition to increasing the number of judges, the other factors increasing court delays need to be addressed as a matter of urgency.

As we look at how the court system operates, we also need to look at the wider experience of those who have reason to be in the courts such as the jurors, witnesses and victims. I raised with the Minister the need to introduce a payment to compensate for the costs of those who serve on our juries. The absence of such a payment impacts on people who are, in many cases, already struggling with cost of living, as well as those with caring responsibilities and the self-employed. I have raised this previously with the Minister. He has pointed out that the self-employed and full-time carers can be excused from jury service but it is not good enough that those groups are then under-represented on our juries. Those who wish to serve should have that option and those on low incomes should not be out of pocket for carrying out their civic duties. It is 12 years since the Law Reform Commission called for the introduction of what would be a modest, flat rate daily payment to cover the cost of transport and other incidentals involved in attending jury service. That has also been very strongly supported by the Law Society. I ask again that the Minister look at this issue to bring forward proposals to address the cost incurred by those who undertake their civic duty by serving on juries.

There is also clearly a need for greater support for victims and survivors for whom the court process is naturally very traumatic. I acknowledge that supports have improved but we must also acknowledge that much more needs to be done. The specific issue of the lack of court-leave was raised by a number of those who have gone through the judicial system as victims and witnesses. I was struck when this was raised over the summer by the sisters, Paula Fay and Catherine Wrightstone, following the conviction of their brother for sexually abusing them. Ms Fay reported that when she told her employer she was going to be a witness in a trial and that it could take three weeks, she was told she was only entitled to use her annual leave or seek unpaid leave. The fact such an entitlement exists in other states shows it is widely recognised as important. It is something I ask the Minister to examine with a view to introducing such an entitlement here. Having spoken to many victims who have been through the judicial process, there have been a range of experiences. Some have been very complimentary of the supports they have received but all, by the nature of their experiences, find the process traumatic. A number pointed out the supports they felt should be in place were simply were not, and we need to address that.

Victims of sexual violence need specific support. How difficult the process is for many of those has been highlighted multiple times. Rape Crisis Ireland has been running the national accompaniment programme which has been funded by the Minister's Department for over 15 years. The Department started funding some centres to deliver a professional model of delivery but did not roll this out beyond Dublin which resulted in a two-tier system for survivors. Rape Crisis Ireland is looking for the model to be moved from a volunteer-based one to a fully professionalised delivery that has equal access across the State to help minimise the impact of secondary traumatisation and to empower and encourage survivors to stay with the case as it progresses through the judicial process. I ask the Minister to look again at this issue with a view to implementing and funding the proposal put forward by Rape Crisis Ireland.

The legislation makes some technical amendments related to the Child Care Act 1991 and the Child and Family Agency. I want to take this opportunity to make a number of brief comments on Tusla. We have seen a litany of issues occurring over Tusla's remit in recent months and years. Frankly, they are alarming. There have been too many incidents involving children in State care. Over the past year alone too many children were failed and too many children have gone missing. An inspection of Tusla's separated children seeking international protection service discovered that in January and February of this year, approximately 30 children were missing. Too many children have died. There is the case of Kyran Durnin who is missing and presumed dead. There is the case of Daniel Aruebose whose skeletal remains were found in Donabate in September and the case of Vladym Davydenko who was killed at a Tusla care facility in Dublin last month. Then, of course, there was the horrific incident of the ten-year-old girl who went missing and was sexually assaulted at Citywest. I want to repeat the very serious concerns about how such a young girl, who was obviously a vulnerable child, could end up going missing and remain missing overnight while the public were not been informed. The language used in the statement issued by Tusla in the aftermath of that incident was deeply concerning to many people. It verged on victim blaming. The word "absconding" was used for a child which is language we use for escaped criminals, not for vulnerable children who have gone missing from State care. There has to be a full and thorough investigation of that incident. This and other recent cases I have mentioned must serve as a wake-up call for us as Oireachtas Members. Tusla is failing in its purpose. As elected representatives, the people we interact with are telling us of negative experiences, by and large. People generally do not approach us to say they have had a good experience with State services but I have never met anybody who said their experience with Tusla has been positive. There are serious and fundamental issues there that we need to address as a matter of urgency.

We have heard how the inspection by the Health Information and Quality Authority, HIQA, of Tusla services in the south east found the capacity of the service to provide a quality, safe and effective foster care service had not improved since the previous inspection in February 2024. It was reported that one child in Tusla care had eight social workers in two and a half years. Dealing with the concerns around Tusla must be an urgent piece of business.

In respect of the technical amendments to the gambling regulations contained in this Bill, I want to bring to the Minister's attention what appears to be a disregard of legislation that is currently in place. I know we are moving towards the enactment of the more recent gambling legislation. However, if somebody goes on to their social media or Facebook account right now, they will see an advertisement for a raffle where, with the stroke of a button, they can enter into a draw for a house, a car, or, in some cases, tens of thousands of euro. Those lotteries are operating outside of the law as it currently stands. It appears to me that nobody is paying any attention to it. We need to address that. If we have laws in place and they need to be changed or are not fit for purpose, let us address them. However, if people are blatantly breaking the law, then we need to address that. Sinn Féin will be supporting this Bill.

See this speech in context