Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 3: To ask the Minister for Justice, Equality and Law Reform his views on the dramatic decrease in rape cases which came before the Central Criminal Court in 2009, particularly in the context of an increase in rapes in the most recent figures of the Central Statistics Office; and if he will make a statement on the matter. [5801/10]

Dermot Ahern (Louth, Fianna Fail)
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Statistics published by the Central Statistics Office show that the number of recorded cases of rape increased by 10.2% in 2009 compared to 2008, whereas in 2008 they decreased by 2.8% and in 2007 by 4.1%. With regard to the number of rape and sexual assault cases before the courts, they decreased by 37.2% in 2009, whereas in 2008 they increased by 6.8% and in 2007 by 25.9%. This shows that in any year, there is no relationship between the number of cases recorded and the number of cases before the courts. There is inevitably a time lag between the recording of a complaint of rape and the appearance of the case in the courts, as a result of the investigation and detection process, the submission of an investigation file to the DPP and the preparation of the book of evidence.

I welcome the apparent increased willingness of complainants to report rape and other sexual offences and the changes in society, the law and public administration which have contributed to that trend. Changes that have been made to the legal system in this area include providing separate legal representation for the complainant, with the aim of allaying concerns he or she may have without breaching the fundamental principle of an accused's right to a fair trial. However, despite such positive developments, there remains a high attrition rate in rape cases, and a large number of cases reported to the Garda Síochána do not reach the courts for a variety of reasons.

The Government's commitment to tackling sexual violence is reflected in the establishment in June 2007 within my Department of Cosc, the national office for the prevention of domestic, sexual and gender-based violence. Cosc is currently developing a national strategy on domestic, sexual and gender-based violence for the five-year period from 2010 to 2014. This strategy will draw on the broad consultation that has taken place with interested persons and organisations. Several published studies relating to attrition in rape cases are being carefully examined in this context. The strategy is close to completion and will be considered by Government shortly.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I welcome the establishment of Cosc but there remain matters of some significance to consider. It is disturbing that while incidences of reporting of rape are increasing substantially year on year, the number of cases being prosecuted in courts has fallen dramatically. Is the Minister aware of a recent report, undertaken by Rape Crisis Network Ireland, which highlights deficiencies that require addressing? Does he agree that there is a need for the Garda Síochána to engage in specialist training to deal with complainants? There appears to be evidence that on occasion, the Garda is second-guessing the Office of the Director of Public Prosecutions on the matter of whether a victim wishes to proceed with a case. Can I ask the Minister to take steps to ensure there is a high degree of positive relationship and contact between the Garda, on behalf of the State, and complainants prior to cases coming to court?

Dermot Ahern (Louth, Fianna Fail)
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I thank the Deputy for his remarks about Cosc. Since its establishment, Cosc has spent approximately €280,000 on an awareness campaign. It encourages and liaises with complainants and non-governmental organisations in this area. Europe-wide research on attrition rates shows that Ireland's reporting rate ranked in the middle of the range. The research found that Ireland is similar to England, Wales, Scotland and Sweden, in the sense that most attrition takes place in the early and middle stages of the investigation. That happens for a number of reasons. If non-governmental organisations, including Rape Crisis Network Ireland and others, wish to make suggestions and recommendations, they will be examined in the context of any legislative or policy change that may be necessary. It is important to emphasise that while there may be fluctuations in rape convictions, or in rape cases coming before the courts, in some instances offenders are charged with sexual offences other than rape.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I thank the Minister for the invitation to submit further recommendations. I ask him to examine legislative changes along the lines of the changes made in Britain in recent times, with particular reference to evidence. The real problem with the question of admissibility of evidence in rape cases is that it can undermine the criminal justice system. I refer specifically to evidence of the sexual history of the complainant. In addition, complainants are bound by law to make a complaint at the first reasonable opportunity. We need to reflect closely on those aspects of the question of admissibility of evidence that are giving rise to concern and, in many ways, are responsible for this country's very low conviction rate. I ask the Minister to examine the changes that have been made in Britain and to report back to this House on the matter within six months.

Dermot Ahern (Louth, Fianna Fail)
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We constantly examine changes in the laws of other jurisdictions, but we do not follow them slavishly.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It is obvious that the Minister has not examined the laws in New Zealand.

Dermot Ahern (Louth, Fianna Fail)
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We are keen to reflect on the best international practice. A decision on whether a complainant's previous history should be opened up in court, or is relevant to the case in question, is best left to the trial judge, in the absence of the jury. The exclusion or inclusion of such evidence is fraught with difficulties. I think the current practice should continue. It is obvious that we will continue to consider what is happening in other jurisdictions, and perhaps learn from the mistakes that have been made in this respect.