Matt Carthy (Cavan-Monaghan, Sinn Fein)

I move: "That the Bill be now read a Second Time."

This is simple legislation. It is a small step to support victims and survivors of sexual violence. It comes directly from the experience of victims and survivors. This is their Bill. It is a testament to their courage, persistence and strength to deliver change for others. In particular, I thank Sonya Stokes, Leona O'Callaghan and Shaneda Daly, who worked with me on this Bill. I welcome them and others who will be joining us in the Public Gallery for this debate this evening. I also thank all those who have expressed their support for this Bill, including Rape Crisis Ireland and Women's Aid.

This Bill simply provides that at the same time as someone is convicted of a crime of sexual violence, a court can impose an order restraining that person who is convicted of the offence from approaching the victim in the case.

The provision currently exists in harassment legislation in section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023 but it is not currently available to victims of sexual violence.

We know that only a small percentage of those who experience sexual violence get justice; that has to change. For that small percentage who get to court, it is often a difficult and traumatic process. Court cases take too long. There are insufficient resources to support every victim or ensure that they have equal access to accompaniment at court. Many feel that is they rather than their attacker who is on trial. We know that the disclosure of counselling notes adds hugely to the trauma of the judicial experience. The justice committee has called for the full ban on the disclosure of counselling notes and I hope that the Minister, Deputy O'Callaghan, will listen to survivors and to the committee and ensure that is reflected in the legislation being brought forward by him.

Where there is a conviction, that is not the end for victims and survivors. In fact, that is where the long and often difficult journey to rebuild their lives starts. Victims of rape, sexual assault and childhood sexual abuse have spoken to me about the anxiety, stress and fear they feel as their assailants come to the end of their sentences. They fear contact from their perpetrators and they fear encountering that perpetrator as they go about their day-to-day lives. They have told me about the impact this has on their lives, how they feel they are on a countdown clock to the release of that person. Victims and survivors have said very clearly to me that they want to know the perpetrator in their case will not be able to speak to them, will not be able to approach them and will not be able to harass them.

I will give the example of just one survivor to show why this Bill matters. It is one of the many emails I received this week. In this case, after enduring the process of giving statements and completing a rape kit, her attacker was actually released on bail and then went on the run. It took six years for the case to come to court. Her attacker was sentenced to four years and served just two. This is what she said happened after his release:

After his release he later attempted to follow me on social media. I was shocked. I immediately contacted my Garda liaison and local station to report it, but I was told that there wasn't enough evidence to be raised in any appeals or hearings he might have. Instead, I was told that I would need to apply for a barring order myself. This enraged me. How could I, the victim of rape, not only endure six years of waiting, a minimal sentence and even a quicker release, but also be told that I needed to apply for a barring order, that there wasn't enough evidence of him attempting to contact me. It was disgraceful and still is.

It is the experiences of this woman and many others who have approached TDs from all political parties this week that we must listen to. I ask all TDs to listen to the testimonies of victims and survivors, listen to their experiences and above all listen to their demands and ensure that we pass Second Stage of this Bill tonight and make it law.

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