Matt Carthy (Cavan-Monaghan, Sinn Fein)
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1. To ask the Tánaiste and Minister for Justice and Equality if he will support the introduction of protection orders for victims of sexual violence; and if he will make a statement on the matter. [54195/25]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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The Minister may know that I introduced a Bill to the House in June, entitled the Victims of Sexual Violence Civil Protection Orders Bill. It was drafted by my office in response to discussions we held with a number of victims and survivors of sexual violence, who made it clear to me that having a provision to protect them after the release of the perpetrator of their attack would have a profound positive impact. Is the Minister inclined to support the Bill when it comes before the House?

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

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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While I welcome the statement by the Minister that he will at least consider the legislation, I can tell him, from speaking to victims and survivors with real-life experience, that there is a legislative gap in place. What this means in reality is that for many survivors of sexual violence their fear intensifies the longer the sentence of the person convicted of the offence goes on. They fear that on the release of the perpetrator they could end up having an encounter. They have told me about the impact this has on their lives and how they feel they are on a countdown to the release. In some cases these are people who have exerted control over them for many years as part of the abuse. In some cases there is genuine fear that a perpetrator would seek retribution.

Does the Minister agree we need to empower victims and survivors of sexual violence and help them as much as possible to have a sense of safety and security to rebuild their lives? At the moment of the court case there is an opportunity to put in place a protection that will last beyond release.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I agree with Deputy Carthy when he says we need to empower victims. One issue I may have in respect of his legislation is that the proposal is that at the time of conviction the protection order would be placed on the individual. If we think about it, under the legislation Deputy Carthy proposes the protection order would be put in place at the same time that an individual is sentenced to ten to 15 years imprisonment for a very serious sexual offence, but it would only come into effect at the time the individual leaves prison, which could be ten, 11 or 12 years later.

Conditional release and terms of release can probably be better set at the time the person is being released. Most victims would be satisfied when somebody gets a lengthy sentence and they know they will spend a lengthy period in prison. The victim has to be informed when the person will be released. As well as this, we should ensure there are conditions placed on the individual from the date of release. I am concerned that imposing these restrictions at the time of conviction may not take into account the full circumstances that apply at the time of release.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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The Minister is on the record as acknowledging the trauma often involved for victims and survivors going through the judicial process in the first place. The system essentially makes it necessary for them to go through it again to seek a protection order on the release of the perpetrator. This is why this legislation allows the victim and the State to put in place the protections at a much earlier stage. We have had many discussions on this. The committee was dealing with a miscellaneous provisions Bill last week and we heard victims again speak directly about the issue of counselling notes. This is something we need to deal with. What should happen for a survivor is that conviction is day one of rebuilding their lives.

If it is day one in rebuilding their lives but a clock is ticking in the victim's mind counting down to the perpetrator being released, creating genuine fear, the success that might have been is undone. Is the Minister amenable to at least allowing the Bill to pass First Stage and Second Stage so that we can deliberate on the nuances in committee?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I will give consideration to the Bill but I do not want to progress legislation that is unnecessary. In circumstances where a person gets a life sentence for a very serious sexual offence such as rape, when it comes to that person's release many years later, conditions of release will be imposed upon that person. Those conditions can direct that the person shall not go anywhere near the victim or that he or she shall stay away from a town where the victim has resided. I would not like the message to go out that there is no mechanism by which the State can put in place conditions after a person has been released. As I have said, I am concerned that the legislation the Deputy is suggesting imposes an obligation that would probably not kick in until seven, ten or 12 years later. I am happy to look at the imposition of controls on persons convicted of a sexual offence who are subject to immediate release, but such a mechanism already exists in the Sex Offenders Act, which imposes very strict obligations on those convicted of sexual offences.