Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I move:

That leave be granted to introduce a Bill entitled an Act to provide victims of sexual violence with the right to seek civil protection orders.

I am pleased to introduce the Bill. I thank those who have engaged with me on this issue and whose personal experience prompted myself and my party to bring forward this Bill. In particular I want to commend Sonya Stokes, Leona O'Callaghan and Shaneda Daly who are in the Public Gallery. I also thank Senator Maria McCormack who has worked with us on this issue. Is í aidhm an Bhille seo foráil nua a thabhairt isteach sa dlí trínar féidir ordú cosanta sibhialta a dheonú ar dhuine ar chinn na cúirteanna go ndearna an duine sin cion foréigin ghnéis.

Much more needs to be done to make the judicial process better and more supportive for victims of crime. This is particularly the case when it comes to victims of rape and sexual assault. Among the issues which need to be addressed is the deeply traumatising impact on victims of the disclosure of counselling notes in rape and sexual assault cases. There are many other issues, though, that which make the process of securing justice difficult for victims and survivors. These include the delays in the court system and the level of support that exists for victims and survivors as they navigate what is a daunting, complex, and unfamiliar situation.

For victims and survivors, the challenges do not end when the court case ends, even where there is a conviction. 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.

It is crucial that victims and survivors are kept informed as is provided for under section 8 of the Criminal Justice (Victims of Crime) Act 2017, which relates to information regarding investigations and criminal proceedings. It is timely to review whether these provisions are meeting the needs of victims and survivors in a consistent manner when it comes to ensuring they are adequately informed at all stages of the judicial and post-judicial process.

Many victims and survivors have genuine fears about the release of perpetrators. They fear contact from perpetrators and encountering that perpetrator as they go about their day-to-day lives. In some cases, these are people who exerted extreme control over them as part of the abuse process and in many cases there is a fear that the perpetrator will seek retribution. The measures that currently exist do not give victims and survivors a sense of safety and security in relation to fears that the perpetrator in their case will not seek them out, approach them or harass them. We need to empower victims and survivors and help them in as much as is possible to have the sense of safety and security needed to rebuild their lives.

To address the concerns that victims and survivors have raised with us, Sinn Féin is bringing forward this Bill. Its purpose is to introduce a new provision in law where a person in relation to whom an offence of sexual violence is found to be committed by the courts may be granted a civil protection order. This Bill will make it possible for the courts to issue a civil protection order for the complainant where the courts have found an offence has been committed under a range of laws related to rape and sexual assault.

While not ever victim and survivor of rape and sexual assault may want a civil protection order in place when the perpetrator is released, the potential to put in place such an order should be provided for in law for those who require them. That is the purpose of this Bill. It is important and, in many respects, simple legislation but it could have a profoundly beneficial impact on victims particularly of the serious crimes related to sexual violence. I appeal to the Government to support its speedy transposition through all Stages. I will encourage my party to move this as speedily as possible on Second Stage but we want to ensure the Minister and the Government do not put in place any roadblocks. This Bill has gone through the OPLA, the Oireachtas legal team, and there is no legal reason the Bill cannot be enacted. The only reason we might not ensure the Bill would be made law by the end of the year is political will. I am appealing to all parties to show the political will to pass this important yet simple piece of legislation.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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When we commenced, and I called Deputy Carthy, we had Ministers from the Government and so on here. That is why I allowed the matter to proceed. Now I have to put the question that the Deputy asked and whether the Bill should be considered, that question being: “Is the Bill being opposed?”

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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It is clearly not.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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I presume in the absence of everyone else in the House that the Bill is not being opposed. Therefore I presume that the motion for leave to introduce is agreed.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I move: "That the Bill be taken in Private Members' time."