Matt Carthy (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

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.

Mark Ward (Dublin Mid West, Sinn Fein)
Link to this: Individually | In context

I thank Deputy Carthy and Senator Maria McCormack for the work they have put into this legislation. Most of all, I thank the women who have shared their horrific experiences of sexual violence. I welcome many of them into the viewing Gallery today.

The women I met today have unselfishly acknowledged that, in some cases, this legislation comes too late for them, but they are thinking of women who will come after them. As night follows day, there will be more such women. This Bill provides that when someone is convicted of a crime of sexual assault, a court could impose an order restraining the person convicted of the offence from approaching the victim. I do not think that is too much to ask. This is not just common sense; it is simply the right thing to do. Victims and survivors have made it clear that having such a provision in law would make a significant difference in their lives.

I was contacted by a woman in my constituency who asked that I share her story but also that she remain anonymous. She was sexually assaulted and the perpetrator was out of jail awaiting sentence. He was required to sign on every day in the Garda station close to her home. She would see him regularly. Three days after he pleaded guilty to aggravated sexual assault, he walked into the local shop. She froze and wanted to scream but moved herself to a safe space before she ran all the way home. Just before sentencing, she was out walking and almost bumped into him. She nearly walked out into oncoming traffic in her bid to protect herself, knowing that the last time he was that close to her, he was attacking her. While the judge recommended he does not come back to the area on his release, she is already dreading this day. It took her months to feel safe walking in her area again. She hopes to never have to feel fear like this again.

As a victim of such an horrendous crime, she was strong that night. She persevered through our justice system, not only to get justice for herself but to protect orders. She deserves to feel safe again. She and other victims and survivors feel that without the protection this Bill offers, they will continue to live in fear while their attackers are free.

Donna McGettigan (Clare, Sinn Fein)
Link to this: Individually | In context

I commend my colleagues Matt Carthy and Maria McCormack on enabling this vital Bill to be brought here this evening. Their work and the work of the brave campaigners made this happen. I salute the very brave women who made the powerful and difficult step of speaking out. For them, this Bill will come too late but in an unselfish act, they want this Bill to be brought in to protect others so they do not have to go through what they went through.

Imagine being a young child, happily playing games dreaming of what you want to be when you grow up, feeling safe and loved when suddenly that world is shattered. The person you believed loved you and protected you is doing something you do not understand. You do not like it. It hurts. Maybe you have been threatened by someone saying, "This is our secret. You cannot tell anyone". This is the reality for some young children. They grow up with this, knowing it feels wrong but they do not know why. When they finally understand, they are faced with impossible questions: "What do I do? Who do I tell? Will anyone believe me? Will this tear my family apart? Will this be all my fault?"

For those who make it to court, who face their abuser, who answer very harrowing questions despite the fact that it brings them right back to that vulnerable child and the traumatic detail, there is another betrayal - their counselling notes laid bare before the court. It is another trust broken and another reason for others to stay silent. When the sentence is finally handed down, we would hope that it brings relief and that it marks the beginning of healing, but that is not the case because for many survivors, it becomes in the words of one woman the ticking clock, counting down to the release date. The abuser who may never see themselves as the problem may walk straight back out of prison with nothing in place to stop them returning to their victim - no safeguards, no protection, nothing.

Right now across Ireland, there are children cowering in their bedrooms, children being abused, victims of domestic violence being beaten and coerced. Someone somewhere is about to disclose for the first time what is happening to them and we must ensure they are protected, safe and believed. We need to see more domestic violence shelters in Clare and right across the State, and we need real investment in the protective service units. We need legislation to be robust, survivor-centred legislation that puts their safety first.

To the women in the Gallery and all survivors, their courage, their voice, their determination to protect others is helping to shape a safer future and we will not stop until all survivors know they are believed, they are protected and they are safe.

Rose Conway-Walsh (Mayo, Sinn Fein)
Link to this: Individually | In context

I commend my colleagues Matt Carthy and Maria McCormack on bringing this critical Bill forward. Above all, I welcome the women in the Gallery and thank them from the bottom of my heart for all that they have done and all that they continue to do. I want them to know that it really matters and that it will bring about the change that we need to make when we stand together.

I believe the Minister knows that we have confidence and faith in him that he will make the changes that are needed here so that we are not coming back year after year doing the same thing over and over again. He will know that domestic and sexual violence is not treated as a crime and there is not zero tolerance because if there were, we would not be standing here again. He also knows that women and children have a right to feel safe. The bottom line is that they have a right to feel safe. This Bill will obviously help that in the situation where the perpetrators more often than not are not obliged to fulfil even the lenient sentences that they get.

The Minister will know that we operate in systems that condone domestic and sexual violence. I see it all the time in courts. I see decisions made where it is quite obvious that those who are making the decisions do not understand the dynamics of domestic violence and they do not understand the minds of the abusers who are in front of them.

I have seen so many letters come before court that say: "he was a member of the GAA club" or "he is an outstanding citizen", and all of these excuses that are made. When domestic violence and sexual violence crimes are committed, they are committed by the perpetrator knowing what they are doing. They make that choice. They choose to do this, and they will continue to do it until the sanctions reflect the gravity of what they do. The destruction of the lives of women and children has to stop, and it has to stop now. The cost of gender-based violence to individual lives, to families and to communities is just too high and it continues decade after decade and year after year. It is time to shout "stop". Obviously, we need more services. We need resources. We need all of that desperately. There are too many counties that do not even have a refuge within them. We need the perpetrators to stop, and they will only stop if we make them stop. It is within the will of the justice system here to make them stop if the sanctions are severe enough. We have to create communities that are free of the crime of domestic and sexual violence and of gender-based violence.

Cathy Bennett (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

I welcome the ladies in the Visitors Gallery and I thank them for having their voices heard. Three years on from the Government launching its zero-tolerance strategy on domestic, sexual and gender-based violence much remains to be done. We still do not have a domestic violence refuge in every county. Though I welcome the Government recommitting to the provision of refuge services in both counties Cavan and Monaghan, we need to see action. We need to accept the recommendations of the Oireachtas justice committee in relation to the ban on the use of counselling notes in trials. We need to see greater investment in the protective service unit of An Garda Síochána and so much more. When speaking with survivors of domestic, sexual and gender-based violence, one of the most harrowing aspects is the number of instances whereby a person is effectively forced to relive their trauma if they report it to An Garda Síochána, during trial, after trial, after sentencing and when that person is released. If the person who abused them chooses to force them to relive their trauma there and then, in their own community, in their local shop or anywhere at all, they have no recourse available to them. I commend my party and constituency colleague, Sinn Féin spokesperson on justice, Deputy Matt Carthy, and I also commend Senator Maria McCormack for bringing this legislation forward which seeks to address this injustice. The mechanism of the civil protection order is not contentious, given it is already utilised in harassment legislation and, crucially, by allowing for its imposition at sentencing it can alleviate the fear, anxiety or stress that survivors might feel looking ahead to a day when a person who abused them is released back into society. I welcome that the Government is not opposing this Bill. It will not be a solution for the large number of challenges facing us in tackling domestic, sexual and gender-based violence but it can be one important component in providing some level of relief to survivors. We now need to see it passed through the Houses as quickly as possible.

Mairéad Farrell (Galway West, Sinn Fein)
Link to this: Individually | In context

I welcome all the women who are here with us today and thank them for all the work they have done in ensuring this Bill comes forward and hopefully it will be passed. I also thank my colleagues, Deputy Matt Carthy and Senator Maria McCormack, for introducing this Bill to the Dáil.

As the Minister is aware, today is International Day for the Elimination of Violence against Women, but as he is equally aware, too often that day passes simply with condemnation but no action. Here tonight we have the ability to act. We need to make sure today is different and that these women's voices are heard and are acted upon because we need to recognise the fact that there are so many institutional barriers placed in front of women, victims and survivors. They are unnecessary barriers which can and should be changed by this Chamber and we must change them. This Bill is a first step, and it is incredibly crucial because survivors have been clear in their ask. We have heard them. We need to listen to them, and we need to act upon that. Victims and survivors have spoken of the dread and fear that surrounds the date of release of the perpetrator; a day that is etched in their mind. They fear for themselves, for their family and for their children. We must do all in our power to support these survivors. The impact of this was particularly powerfully put in an email I received today. It said:

that is a day that I already fear. People say I need to live for now and enjoy my time while he is away. It sounds a bit like a waiting game for me to live my life until that dreadful day when my world becomes turned upside down yet again.

These are harrowing words which highlight the urgency of this Bill. The system should never add to the concern for the victim around their attacker's release date. Victims and survivors should be given the freedom to move on from that horrible experience, both physically and mentally. This is an important first step and we need to ensure we build on it. Every time I deal with survivors of gender-based violence, I come across institutional barriers that have been put in their way. One of the cruellest impacts of the housing crisis is the restraint it can place on women who are fleeing gender-based violence. That is too often forgotten in that debate and something we also need to work on.

Natasha Newsome Drennan (Carlow-Kilkenny, Sinn Fein)
Link to this: Individually | In context

I welcome everyone in the Visitors Gallery and say to them that their voice matters. I strongly welcome this motion and opportunity to speak on this critical issue. I thank my colleagues Deputy Matt Carthy and Senator Maria McCormack for all the work they have done on this Bill. The Victims of Sexual Violence Civil Protection Orders Bill 2025 is a small but profoundly important step. Across Carlow and Kilkenny, organisations providing a lifeline to victims are being stretched to their limits. As calls for help rise, the system is failing those it is meant to protect. The journey to seek justice is itself a form of retraumatisation. Victims face years of long waits for a court date. They are then confronted with the appalling practice of their private counselling notes being disclosed and even shared with their perpetrator. Many victims state that this is why they avoid seeking counselling at all. Let me be clear: this Irish justice system is failing women. After the traumatic court process, the sentences handed down are shamefully lenient. We consistently see violent, horrific crimes met with light sentence for the flimsiest of reasons. I recently watched a summary of sexual assault cases over a single week compiled by Aoife Dunne. It was chilling in its sheer volume. I send my solidarity to Aoife after enduring a horrific backlash for simply shining a light on the sheer volume of these horrible crimes. This underscores the need for this Bill. Victims live in constant anxiety about their attacker's release. While other legal avenues may exist, they are not the right fit. Victims must not be forced back into court to fight again for basic safety. This Bill is about providing that sense of safety proactively. By allowing a restraining order at the point of conviction we give survivors the security to rebuild their lives. There is no justifiable reason to deny it to victims of sexual violence. We must do more than process victims through a broken system. I urge the Minister to support this Bill and ensure our justice system delivers true justice.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

I welcome to the Visitors Gallery the women who have campaigned very vigorously to stop violence against women and girls. It is also very appropriate that this House is discussing the issue of violence against women and girls today, which, as Deputy Farrell says, is International Day for the Elimination of Violence against Women. That is a day that is not just recognised in Ireland but is recognised internationally.

One of the things I have come to appreciate more since I became Minister for justice is that the scourge of violence against women and girls is not just an issue that faces us in Ireland. Regrettably, it is an international issue that needs to be tackled, not just on a national basis but also an international basis. It is important to state that the Government's approach to combating violence against women and girls is that there should be a zero tolerance approach to gender-based violence and the attitudes that underpin it.

On the Bill being debated in the House, I thank and commend Deputy Carthy for introducing the Private Members' Bill. Before I deal with the specifics of the Bill, which, I am pleased to say, I will not oppose, I want to say something that is probably recognised by the mover of the Bill and every Member of the House. The solution and campaign to stop violence against women and girls is in part to be found in our legislative system. It is in part be found in enacting legislation that will, we hope, change and punish certain human behaviour. However, it must also go beyond that because it is a societal issue that requires us to spread the message of the unacceptability of violence in domestic relationships or gender-based violence. That requires education and instruction being given to boys and young men about the inappropriateness of using violence, not just in general society but, in particular, in relationships.

As Deputy Carthy has outlined, the Bill he introduced seeks to introduce protections for the victims of sexual violence. It provides that when someone is convicted and sentenced for a crime of sexual violence, at sentencing the judge could impose an order restraining the person convicted of the offence from communicating with or approaching the victim. The legislation appears to me to be modelled on amendments made to the offence of harassment by my predecessor, the Minister, Deputy McEntee, when she was Minister for justice. I want the House to be aware that this week, I brought a memorandum to Government seeking approval not to oppose the Bill on Second Stage. I can confirm that this was endorsed by the Government today.

The Bill is well intentioned and aligns with the Government's zero tolerance approach to domestic, sexual and gender-based violence. However, I have some concerns about the added value of the Bill. I know Deputy Carthy will listen to my concerns. They derive from the fact that we already have a range of existing statutory measures designed to protect victims. As has been indicated by Deputy Carthy when he referred to some statutory provisions, I too want to refer to the laws in place at present and how they can be used for the purpose of trying to give effect to the legislative purpose behind the Deputy's Bill.

I would like to refer to harassment orders, pursuant to the Sexual Offences Act 2017. The House will be aware that section 46 of that Act, which introduced harassment orders for the victims of sexual violence, deals with the particular circumstances that can arise. Under that legislation, a court can impose an order prohibiting a convicted sex offender from contacting or approaching his or her victim for a specified period, exactly the same type of behaviour Deputy Carthy's Bill seeks to address. The order can be imposed at the time of sentence or at any time prior to the offender's release. Such orders may be imposed where the court is satisfied that the offender has behaved in such a way as to give rise to a well-founded fear that the victim may be subject to harassment or unwanted contact by the offender, such as would cause fear, distress or alarm or amount to intimidation. Appropriate balancing of rights is contained in the section and the standard of proof is specifically set out to be a civil standard on the balance of probabilities. The order can be applied for by a garda, probation officer or victim and can extend for a period of up to 12 months post release. Breach of a harassment order is an offence punishable summarily or on indictment, with a jail term of up to five years. The offence is, accordingly, an arrestable offence under the Criminal Law Act 1997, for which a person may be arrested without a warrant.

I also want to consider other legislation available, in particular what is referred to as the sex offender register. More broadly, there is a comprehensive framework in place for the management and monitoring of sex offenders in this jurisdiction, which also comprises specific protective mechanisms. The Sex Offenders (Amendment) Act 2023 strengthened our already robust system for monitoring sex offenders. A person convicted of an offence set out in the Schedule to the Sex Offenders Act must notify An Garda Síochána of their movements, including any changes to their name or address and any travel to, from or within the State within three days. The Garda National Protective Services Bureau has a dedicated unit, the sex offender management and intelligence unit, which has oversight and monitoring responsibility at national level for the management of registered sex offenders who are subject to notification requirements.

In addition, the sex offender risk assessment and management system operates to support enhanced levels of co-operation and co-ordination between key statutory organisations involved in managing the risk posed to a community by convicted sex offenders. Where An Garda Síochána believes a convicted sex offender poses a serious and imminent risk to the public, an application can be made to the courts for a sex offender order under section 16 of the 2001 Act. This is a civil order applied for in the Circuit Court. A sex offender order prohibits the offender from doing anything the court considers necessary to protect the public. A prohibition may, for example, forbid an offender from going to a specified place. The order is expressed to last for a period of five years or such longer period as the court may specify. Breach of an order is an offence prosecutable summarily or on indictment, with a jail term of up to five years. The offence is, therefore, an arrestable offence.

I also want to refer to other provisions in place. Under Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023, a new system of civil orders was introduced, which is designed to protect victims. Part 5 civil orders provide the preventative stand-alone civil remedy available in respect of relevant conduct such as stalking, harassment or intimidation and, notably, does not require any criminal prosecution or conviction. Part 5 also provides for the making of orders on an ex parte basis, where the court is satisfied that there is an immediate risk to the safety and welfare of the applicant. In addition, the court may grant an interim order, pending the final determination of the application, where the court deems it necessary and proportionate for the safety and welfare of the applicant.

I have to point out that there are also orders which are available pursuant to domestic violence legislation. Deputies will be familiar with such legislation. Barring, safety and protection orders are available in the civil courts.

I would like to assure the House that the Government continues to work with determination to strengthen the response of the State of violence against women and girls. The zero tolerance strategy is very effective. Obviously, we need to do more to ensure the scourge of violence against women and girls is treated with the contempt it deserves and individuals know they will be severely punished if they engage in such types of violence. I will also introduce other legislation, which will be of benefit, to ensure that people are not subjected to domestic violence, such as Jennie's law which will provide a register of court judgments so that people will be able to get information about individuals who previously committed serious assaults within an intimate relationship.

I ask Deputy Carthy to consider the points I mentioned. As I said, the Government will not oppose the Bill. I cannot give him a guarantee that when it gets to Committee Stage I will be able to accept it as it is, but if we take on board some of the proposals and messages I have given, there could be some progress in respect of the Bill.

Réada Cronin (Kildare North, Sinn Fein)
Link to this: Individually | In context

Cuirim fáilte roimh na mná sa Gallery. This is a specific and important Bill. The crime of sexual violence and the scar it leaves on its victims are severe and devastating.

It scars the person and impacts severely on their family and friends as well. I listened to the Minister's speech. People scarred by a perpetrator should not be expected to haul themselves back through the courts to obtain a restraining order or barring order. The Bill would empower the courts to impose such measures instead of placing the burden on the victim to do so. A couple of days ago, a judge in our courts placed that requirement on a person found guilty of such a crime.

Molaim mo chomrádaithe an Teachta Carthy agus an Seanadóir McCormack as an mBille seo a chur os comhair na Dála. Today is International Day for the Elimination of Violence against Women. I take this opportunity to talk about Teach Tearmainn, which is the only refuge centre in Kildare for women and children experiencing domestic violence and abuse. Unfortunately, the demand for its services has increased dramatically over the past number of years. In 2024, more than 32,000 women contacted Women's Aid. In Kildare, we currently only have four refuge units for women and children fleeing domestic abuse. That is not just for north Kildare but for the entire county. Their incredibly dedicated and hard-working case workers offer outreach services but they need more support and more spaces.

It is vital that the disclosure of counselling notes in court is banned. I spoke in favour of an Teachta Coppinger's Bill a few months ago in this regard. It is essential to protecting victims and ensuring their right to privacy between their counsellor and themselves. It was indicated in the House this morning that the Minister is looking to introduce legislation that would finally end this practice. I very much welcome that. I urge him to ensure it is airtight and leaves no grey areas. Níl aon saoirse ann gan saoirse na mban.

David Cullinane (Waterford, Sinn Fein)
Link to this: Individually | In context

Respectfully, the Minister seems to have missed the point of the Bill. He has argued that victims who have reason to fear for their safety following the release of a convicted perpetrator have several legal avenues available to them to seek protection. The problem is that for many victims, those legal protections, as the Minister called them, are simply not fit for purpose because they force the victim to go back to court, retraumatise that person and put the onus and responsibility back on the victim, which is wrong. We need to ensure victims feel safe and can get on with their life rather than having to look over their shoulder, worried about whether they must go back to court to get a restraining order. The Bill makes sense and complements everything else in terms of existing supports.

I have spoken to many women who told of their sense of fear, not feeling safe and the worry when they hear the perpetrator is going to be released. Women must speak up, obviously, but so too must men. We have to call out the perpetrators of sexual violence and, of course, say it is wrong. We also must ensure perpetrators of sexual violence are properly held to account. It makes sense that the Bill be supported. At the core of most, if not all, sexual offences against women is control. We must take any amount of control we can away from the perpetrator, and this is one way of doing that. It makes perfect sense.

I commend Deputy Carthy on bringing the Bill before the Dáil and giving us an opportunity to discuss it. I welcome Senator McCormack and all the women in the Public Gallery. They want action. They are telling us the essence of the Bill makes sense. We must listen to victims, make sure the laws of the State, particularly when it comes to sexual offences, are geared around the rights and needs of victims and, as I said, take away any power the perpetrators have. I fully support the Bill and commend it to the House. I again thank Deputy Carthy for proposing it.

Denise Mitchell (Dublin Bay North, Sinn Fein)
Link to this: Individually | In context

I welcome the Bill as a common-sense measure to help protect victims of sexual violence. I thank my colleague Deputy Carthy for bringing it forward and my colleague Senator McCormack for her involvement. Deputy Carthy and his team worked on it as a direct response to the engagement they had with victims and advocates. One of those women spoke really honestly about her fear and dread knowing that the man who raped her as a child will be released in the coming years. There is nothing that can prevent him from approaching her in a shop or on the street while she goes about her life. She said, "There is nothing you can do that will make me feel safe the day he walks outside those prison gates".

Unfortunately, she is right. The Bill is not retrospective. It will help to ensure no other victims must endure the same fear and worry when the person who attacked them is released. It must be passed. I acknowledge the Minister is not opposing it but let us work together to support the victims. Every day there is a delay in enacting the Bill means other women and men will not be able to avail of its protections. We have a problem with delays in enacting legislation in this area. For example, we do not have a ban on the use of victims' counselling notes in courts. That has made victims reluctant to go to counselling for fear that what they say will be used in a courtroom.

There are many actions we need to take in the broader area of tackling sexual violence and abuse, not least addressing the lack of domestic violence shelters, expanding the capacity of specialist sexual violence centres and investing in the protective service of the Garda. Survivors' voices must be at the heart of shaping policies in this area. We need to listen to survivors. The Bill proposes a very clear change in the law whereby victims will feel they have a real impact on their own lives. We must ensure we work together to implement it as soon as possible.

Shónagh Ní Raghallaigh (Kildare South, Sinn Fein)
Link to this: Individually | In context

Táim sásta labhairt ar son an Bhille thábhachtaigh atá os ár gcomhair anocht. Céim chun cinn atá inti a chuirfidh le cumhachtú agus cosaint na n-íospartach foréigean gnéasach. The psychological and physical safety of victim survivors must be the first aim of our justice system. That is the fundamental principle the Bill addresses. While we have made progress in managing sex offenders, there are still clear and glaring gaps that need closing and it is our duty as legislators to fill those gaps.

For every person who suffers at the hands of an abuser, the offender's release date is a day that looms large. The victims feel anxiety, stress and paralysing terror at the thought of unwanted contact with their assailant as they go about their daily lives. Can we even imagine the terror of knowing they might cross paths with the person who inflicted unspeakable violence upon them? More often than not, the offender is known to the victim or is from the victim's community. This creates a real risk of being harmed again or, at the very least, being retraumatised. Victims and survivors who have already endured so much should not have to live in this perpetual state of fear.

The Bill is a direct response to the powerful calls of those affected by sex crimes. It provides that a civil protection order may be granted at the time of sentencing. Victims do not want to be dragged back to the courts for a long adversarial ordeal. They want to focus on healing and rebuilding their lives. The Bill provides a mechanism for their peace of mind. It offers them a fundamental sense of safety by ensuring the perpetrator cannot approach them, thereby restoring some control lost during the abuse.

Sexual and gender-based violence is on the rise. Thousands of attacks are recorded every year and we know this type of violence is severely underreported. When victims come forward, they are being courageous. They are not only asserting their dignity but protecting the rest of society from future violence. They have done enough. Impím ar na Teachtaí ar fad vótáil i bhfabhar an Bhille seo. We owe it to the brave women who have stepped up and spoken out, some of whom are here tonight, and who should not have to live in fear. Caithfidh sábháilteacht na n-íospartach a bheith mar chéad fheidhm an chórais. This provision currently exists in harassment legislation. There is absolutely no reason it should not be a mandatory tool in cases of sexual violence.

George Lawlor (Wexford, Labour)
Link to this: Individually | In context

I welcome all the people in the Public Gallery and thank them for all they have done in campaigning for victims of sexual violence and change.

I am pleased to speak in strong support of this Bill and thank Sinn Féin for bringing it forward to the floor of the House. My colleagues in the Labour Party will also be supporting it. This legislation is not just a legal reform; it is a lifeline for survivors. It is about ensuring justice does not end at conviction but continues to protect those who have endured unimaginable harm.

Sexual violence is one of the most devastating crimes in our society. It is not only an assault on the body; it is an assault on dignity, trust and the very sense of safety every person deserves. The scale of this problem in Ireland is staggering. Some 40% of adults have experienced sexual violence at some point in their lives. For women, that figure is a staggering 52% and for men, it is 28%, while 26% of adults have experienced sexual violence as adults. Most harrowing of all is that 18% of women and 3% of men report non-consensual sexual intercourse as adults. These are not just numbers; they represent lives, shattered lives, futures altered and trust broken. Yet, despite this prevalence, reporting remains low and delayed. One in five survivors waits more than ten years to disclose abuse. Nearly half of those abused as children under 13 take more than a decade to report to gardaí.

Even when cases are reported, justice is far from guaranteed. In 2024, only 8% of sexual offences reported to gardaí were detected. Meanwhile, demand for support services is surging. Rape crisis centres recorded 13,098 helpline contacts and 14,778 counselling appointments last year. That is a 48% increase. These figures tell us one thing clearly, namely, that survivors need more than words. They need action and protection that lasts beyond the courtroom.

This Bill introduces civil protection orders for victims of serious sexual offences. These orders will prohibit contact and proximity. Offenders will be barred from contacting victims or approaching their homes, workplaces or schools and breaches are made a criminal offence. That is vital. Violating these orders will carry penalties, including fines and imprisonment. It is time to treat breaches also as aggregating factors. Repeat violations will weigh heavily in sentencing.

Imagine a young woman trying to return to college after a trial - as a father of three daughters, I would find this harrowing so I can only imagine how a victim would feel - or woman walking her child to school or a man rebuilding his life, always wondering if the person who violated them might appear on the street alongside them or around the next corner. This is the reality for many survivors today. Without civil protection, justice ends at sentencing but the fear continues. This Bill gives survivors a legal shield, a sense of safety and the freedom to move forward. These orders are issued only after conviction for serious sexual offences. They are time-bound and subject to judicial oversight. The rights of the offenders are of course respected, but they do not and must not override the right of victims to live without fear.

This Bill builds on decades of progress, from the Criminal Law (Rape) Act 1981 to the Criminal Law (Sexual Offences) Act 2017, but none of these measures provided a comprehensive civil remedy for victims post-conviction. Tonight is an effort to change that. Internationally, similar laws have proven effective. They reduce harassment, increase victim confidence and demonstrate justice systems can be survivor-centred. Ireland should be no different. These statistics demand urgency. As a proud member of the voluntary board of Wexford Women's Refuge and as someone who works closely with Wexford Rape Crisis Centre, I can tell the House that the number of people availing of these services is staggering. Both services are beyond capacity, with amazing staff put to the pin of their collars to work and deal with the victims. This is despite both services moving into fabulous new-build facilities over the past few years. In that move, Wexford Women's Refuge tripled its capacity and already needs more beds to service the demand in the Wexford area. The Rape Crisis Centre is itself in crisis, trying to meet the demands on its services, with one new case coming into their services every day in Wexford alone. The need is beyond great.

Passing this Bill is not just a legislative act; it is a moral imperative. It says to the survivors, "We hear you, we believe you and we will protect you." This Bill is more than law. It is about humanity and ensuring justice does not end at the courtroom door. It is about giving survivors the peace they deserve and reaffirming our commitment to a society in which violence is met with accountability and compassion. It is essential that all of us in this House support this Bill and that we stand together for justice, safety and the dignity of every person who has suffered the unimaginable. Passing this legislation will not erase the pain of the past but it will help build a future where victims are protected, perpetrators are held accountable and our communities are stronger and safer.

We should lead from the front on this, as public representatives and as parties. We should have a zero tolerance - as public representatives of parties - for perpetrators of domestic violence, sexual violence and all violence against any gender. When filling in my ethics form at the end of the year or my returns, I have to put down if I have an acre of land or a house, but if I have a barring order, protection order or safety order against me, I do not have to mention it. It is ludicrous to think that in the context of ethics, we are not leading from the front. I urge the Minister to consider this also in the context of this legislation.

Conor Sheehan (Limerick City, Labour)
Link to this: Individually | In context

Ar dtús báire, gabhaim buíochas le Sinn Féin as ucht an Bille seo a chur faoi bhráid na Dála anocht.

Today is International Day for the Elimination of Violence against Women. While I acknowledge things are changing slowly and that we have had the establishment of Cuan and the zero tolerance strategy, the fact of the matter is that when it comes to violence against women, far too often we are reactive and not proactive. Violence against women is at a crisis level in this country. I know from my clinics the number of women who come to me in genuine fear. They are petrified, have no place to go and are often the ones who are forced to leave the family home in which abuse has been perpetrated against them.

Victims and survivors of sexual violence in this country have a real and genuine fear of the release of their perpetrator. Along with several others, I attended a briefing some weeks ago organised by Deputy Carthy and Senator McCormack, and I was genuinely shocked by what we heard. We heard from Leona O'Callaghan, Sonya Stokes and Shaneda Daly. Leona, whom I know personally from Limerick, is a survivor of sexual violence who came forward against her abuser. He was sentenced in 2018 and received a 17-year sentence. The man who abused her is not particularly old. He is a strong, violent man and he was supposed to be released in 2027. That has been pushed out nearer to 2030. When he is released, there is nothing to stop him being in a SuperValu store near Leona, using the same gym as her, going to the same church as her or whatever else. While nothing can be done retrospectively in this legislation, we have the power to change things going forward. We can introduce a provision in law whereby a person against whom an offence of sexual of violence is found to have been committed may be granted a civil protection order. While every survivor may not want that, the option would be available and would give peace of mind to those who need it. This would ensure that perpetrators of sexual violence would not be able to approach their victim, stand behind them in a queue or be in close proximity to the victim.

The victims of sexual violence often feel ignored, retraumatised and dismissed because the legal system is designed, by virtue of its adversarial nature, almost to break them. Their counselling notes can still be used against them in a rape trial. I acknowledge the work that Deputy Coppinger has done in this regard. There are nine counties in Ireland that have no refuge space. That is shameful.

Today is International Day for the Elimination of Violence against Women. What better way of signalling our support for this important day than by actually doing something, by doing what we can to move this Bill to the next stage? This is a practical legislative step. Together we can make a change. We must stand with all victims of sexual violence. We must have zero tolerance within our own organisations. When victims come forward, they must be listened to and believed. I was struck when I met this particular group of survivors about the real, genuine and palpable fear that each of these women have of the person who abused them appearing before them. One of the things that stuck with me was the description these survivors gave of the eyes, of looking into the eyes of the individual who perpetrated such violence against them, and the fact that they are terrified that the eyes of these people in some cases are coming between them and their night's sleep. We have an opportunity here to do something tangible and practical.

Gary Gannon (Dublin Central, Social Democrats)
Link to this: Individually | In context

I begin by acknowledging the presence of all those in the Visitors Gallery. They are all very welcome. I thank Deputy Carthy and Sinn Féin for bringing Victims of Sexual Violence Civil Protection Orders Bill 2025. It is fitting that we are discussing it on the International Day for the Elimination of Violence against Women. I also acknowledge every woman who has survived domestic, sexual or gender-based violence who has ever had to walk into these halls and ask the State to care. They should not have had to do that, and it is unfortunate that so many still do. That in itself tells a story about the country we are for survivors of abuse.

There continues to be something deeply wrong in how we respond to violence against women in Ireland. I do not mean just in the policies or the funding gaps, but in the national numbness that has settled around us. A numbness that lets us accept the unacceptable, every single day. I decided to do a quick skim through the headlines of today's newspapers - not any real research, just a glance. Straight away, three cases of the most extraordinary, sickening violence perpetrated against women were in the headlines. One woman was set alight after being doused in petrol in a morning attack at a Dublin house. A woman in Leixlip was seriously injured after being assaulted by her ex-partner, who then set fire to her home before taking his own life. A 55-year-old man was found guilty of murdering his 75-year-old mother by strangling her in her own home. These are headlines in our newspapers in the last 24 hours.

I say this with no exaggeration - the courts are absolutely heaving with cases like this. You can sit in any courtroom any day of the week and you will find men before the courts for acts of violence that should stop a country in its tracks, but they do not anymore. We have become so used to reading these stories that we simply absorb them and move on as if we just expect stories like this to come on after weather reports and as if this level of violence is the natural order of things. It is not normal. It should never be seen as acceptable.

What is also not acceptable is how hard this country makes it for women to escape abuse. The walls are closing in on them tighter and tighter. Only recently, I raised with the Minister the experience of a group of extraordinary survivors who came to the audiovisual room to tell us about their time in domestic violence refuges. These women had been terrorised, controlled, beaten and isolated - women who survived because they had been given the time and space to heal. Why were they here two weeks ago? They are fighting cuts to refuge accommodation. Women are now being told they get 12 weeks - 12 weeks - to rebuild their life. I found it genuinely horrifying, and I know colleagues here did as well, that women who have already survived more than most of us could ever imagine are forced to come into our Parliament to plead for the bare minimum for those who will come after them. They do not have the luxury of moving on and enjoying the rest of their lives; instead they are fighting to make sure the next woman - and they know there will be a next woman - escaping her home is not abandoned after three months. That is a State-created desperation. Women who have had to survive so much are trying to endure just that little bit more so that women who come after them do not have to.

That is where the Bill before us today meets the reality outside these walls, not just for women who have experienced sexual violence, but all kinds of violence. The truth is that the justice system is not working for survivors. It is not working in the courts, in the timelines, in the accommodations or in the culture that we have created in our country. Right now, even where a court finds that an offence of sexual violence has been committed, the person who has lived through that abuse can still be left to navigate separate legal processes to secure ongoing protection. This Bill recognises that gap and seeks to close it. It creates a legal route for the courts, once they have found that an offence of sexual violence has been committed under our sexual offences and trafficking laws, or the common law offence of rape, to grant a civil protection order for the complainant. It says that when the courts recognise the harm, they should also be empowered, there and then, to put a protective barrier in place for the person who has been harmed.

A report by the National Women’s Council last year, a report funded by the Department of Justice itself, laid out a brutal truth. Survivors of domestic and sexual violence in Ireland must navigate three separate legal systems - criminal, family, and child protection. These systems do not speak to each other. They do not acknowledge each other’s decisions. They place the entire burden of communication on the victim. Imagine giving evidence in a criminal trial against the man who hurt you, who attempted to destroy you, and the very same day trying to negotiate access arrangements in a civil court where none of that evidence is automatically recognised. Imagine being expected to be your own case manager for the State, carrying trauma between jurisdictions because the system does not seem bothered to connect itself.

Ellen O’Malley-Dunlop, one of the report’s authors, put it even more clearly. The system needs to be rebuilt around victims, not around bureaucracy, tradition or the convenience of the State. It requested mandatory training for everyone - judges, gardaí, solicitors and court staff. It recommended a wraparound support system through every stage of a case. It also included changes to the in camera rule so victims can speak to the people who actually support them. This is a justice system that acts like it actually wants survivors to survive. These are not radical demands; these are the basics of a functioning, humane State. This Bill is one practical step towards that kind of system - making sure that when a court has recognised sexual violence, it can also provide real, enforceable civil protection, without sending the survivor back into another maze of separate proceedings or putting their life in danger.

That is why I will be supporting this Bill, and any other proposal that forces us to move - really move - towards meaningful action for women who have endured extraordinary violence at the hands of their abusers. The truth is, and I will continue to say it on this floor, that women in Ireland are being terrorised in their homes and the State meets that terror with paperwork. Women are escaping with their children and we meet their bravery with a 12-week deadline. Women are walking into multiple courtrooms at once and we hand them the burden of stitching together a system we designed to be separate. We owe those women safety. We owe them time. We owe them a justice system that does not retraumatise. We owe them a country that refuses to become numb to their suffering.

If we are serious about believing survivors, then we must change the systems that continue to fail them. Not in speeches and photocalls, but in funding, in refuge spaces, in courtrooms and in every decision we take in this House, with a full recognition that the absolute antithesis of justice is the retraumatising of victims that happens in court rooms every single day. I am proud to support this Bill. I urge every Member in the House to do so, because if we cannot protect women in their homes, then no part of this Republic can honestly call itself safe.

Roderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context

I thank Deputy Carthy for bringing forward this Bill today. I do not think we can speak enough in this Chamber about domestic, sexual and gender-based violence. Some progress has been made in recent years, such as the establishment of Cuan, the third national strategy and the introduction of domestic violence leave, but the figures speak for themselves. Women's Aid reports that last year over 41,000 disclosures were made to it about the abuse of a woman and over 5,000 disclosures related to the abuse of a child. An Garda Síochána reports that over 65,000 domestic abuse incidents occurred last year and the Courts Service reports that there were over 25,000 applications to the District Court for a domestic violence remedy last year.

In that context, we must constantly seek ways to make the situation better for victims. I urge the Minister to consider the Bill brought forward by Deputy Carthy and move to introduce protection orders that can further enhance victims' safety. Protection orders are a necessity and I urge the Minister to take on board proposals from my party colleague Senator Noonan and his Seanad colleagues in Labour and the Social Democrats, whose joint Bill looks to create indictable offences where the breach of a court order is serious, persistent or violent in nature and to empower the justice system to respond more effectively to patterns of coercive control. That Bill was not opposed on Second Stage in the Seanad and I urge the Minister to take the proposals in that Bill and the Bill before us, tabled by Deputy Carthy, and undertake the badly needed reforms to legislation in this country to protect victims of domestic, sexual and gender-based violence.

Charles Ward (Donegal, 100% Redress Party)
Link to this: Individually | In context

As we know, today is International Day for the Elimination of Violence against Women. It is unbelievable that worldwide a woman is killed every ten minutes by an intimate partner or family member. Although we may think Ireland is a progressive country, femicide continues to take the lives of many women and girls across our country with no sign of any real progress. A total of 35% of women in Ireland have experienced abuse from an intimate partner. That is more than one in three, which is well above the EU average of 31.8%. The North of Ireland is one of the most dangerous places in Europe to be a woman, which is shocking. Research from Ulster University has shown that 98% of women in the North have experienced at least one form of violence or abuse in their lifetime, with half experiencing this before the age of 11. There needs to be an all-island approach to address this.

Passing this Bill would mean that the court would impose a restraining order against those convicted of a crime involving sexual violence and the victims would be protected. This is a very important step in ensuring that victims of sexual violence feel safe after experiencing such traumatic events.

We need to go much further in addressing the root of this. The root of this is men. Men need to do better. They have a part to play in this and they need to take collective responsibility for addressing misogyny. The Government needs to take responsibility and hold social media companies to account for the rise in misogynistic and super-masculine content on social media. This is negatively influencing young men and boys. We need to support women in a way that makes them feel special and looked after in their daily lives.

Séamus Healy (Tipperary South, Independent)
Link to this: Individually | In context

I welcome and support this Bill and I do so as a long-standing director of the south Tipperary domestic violence service. This is a quality support and refuge service operated by the amazing staff at Cuan Saor in Clonmel for over 30 years. It operates across the country.

The area of gender-based violence is an appalling vista - really worrying and deeply depressing. It is of epidemic proportions. We need urgent and immediate action by Government. The legal and court system is of particular difficulty. It re-traumatises victims and feeds into a situation where only 5% of sexual violence is reported to An Garda Síochána and only 14% of that makes it to trial.

Access to counselling notes is of particular concern. The accused and their legal teams have the ability to access counselling notes. Victims and survivors have said that this is extremely invasive and traumatic. As far back as 2021, the citizens' assembly called for the exclusion of these notes from evidence. Other jurisdictions have done so. I know the Minister is bringing forward legislation in this area but it needs to be absolute privilege - not ifs or buts and no grey areas.

The difficulty for victims and survivors does not end with the end of a court case even where there is a conviction and a term of imprisonment. As assailants' prison sentences end, many victims of rape, sexual assault and childhood sexual abuse are stressed, anxious and fearful. They fear meeting the perpetrators as they go about their daily lives. Civil protection orders are a common-sense and reasonable provision to protect victims and survivors and prevent assailants from communicating with or about complainants or approaching their place of residence, education or employment on their release from prison. I urge the Minister to bring forward this legislation urgently.

Ruth Coppinger (Dublin West, Solidarity)
Link to this: Individually | In context

In the time between this debate beginning and ending, six women will have been murdered by family members. That is a shocking statistic from the UN. I support this Bill. I support anything that will help survivors of sexual assault to have peace in their lives. It is the very minimum that is needed, though.

In a previous Dáil, I introduced a Bill to provide for no-contact orders. Anybody should be able to prevent anyone who is harassing them from having any contact with them. They should not have to go to jail. We should be allowing people to prevent harassment in any way.

Today is International Day for the Elimination of Violence against Women and, globally, there have been marches everywhere. There was a shutdown in South Africa while in Dublin, we marched to the Minister's office a short while ago. Some of the survivors and allies are here, as are therapists. We want action on the global pandemic but we also want to raise two things with the Minister. The DPP's threshold for prosecuting a case is a serious problem. Rebecca Clarke was one of those women and the Minister knows the case of Nikita Hand.

The other key issue is the ban on access to counselling notes, which has become a significant issue. We now have a situation where the Minister proposes to let a judge make the decision. That is not acceptable because it still creates the scenario of trial or therapy. The person who has been sexually assaulted or a victim of violence has to make that decision knowing that their notes could be accessed. We now have a situation where a full and complete ban is supported by survivors, therapists and all the professional bodies such as the Psychological Society of Ireland and the National Women's Council. The Dublin Rape Crisis Centre said the Minister's Bill must be withdrawn. The Oireachtas Committee on Justice, Home Affairs and Migration is an all-party committee. I have seen videos of Government TDs calling for a complete ban.

The Minister has legal acumen and plenty of expertise to access. He can decide that counselling and therapy notes are not evidence. He can outline in a Bill all the reasons they are not evidence. They are third party. They are similar to hearsay. They are not the words of the person themselves. I do not know how this scenario has existed for so long. We have had previous rulings on this and I have no doubt that the Minister will be told that we cannot do this but I am telling him to find a way to do it because this has become a key issue for so many survivors and those who work with them and counsel them. The Minister should find a way to do it and find it now.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
Link to this: Individually | In context

I thank Deputy Carthy and Sinn Féin for bringing forward this Bill. On behalf of People Before Profit, we are very happy to support it. It is simply obvious that the victims of domestic, sexual or gender-based violence should not have to live in fear of their assailants. The Minister should take very seriously the intent of this Bill and the concerns of victims of domestic, sexual and gender-based violence.

I also wish to use this opportunity to highlight a case that shows it is not just about this kind of legal protection. A woman I will just call Ruth came to my office in April. She has been the victim of really horrendous violence by her ex-partner such that she required very serious medical treatment. He is issuing on a fairly regular basis death threats over the phone to her. My office has heard the messages. Gardaí have said she is in a very high-risk category. Since she came to our office her ex-partner burst through the door of her apartment with a fire extinguisher and has been caught by the Garda on this. He is facing trial for all this. He admitted guilt on that particular one but is not facing trial until January and is still free. She is living in very close proximity to her assailant and ex-partner and is pleading with the council to, as a priority, get her out of where she is to somewhere safe so he will not know where she is and therefore will be unable to threaten or attack her again. What is the response of the local council? Nothing. A response to letters, including from the Garda, my office and so on says she is number 296 on the list, end of story. There is not even a comment on the threats she is facing or that she is in a high-risk category. There is, by the way, no domestic violence officer in Dún Laoghaire-Rathdown. There should be one in every single local authority. This woman is living in fear. Gardaí are appealing to the local authority saying she has to be got out of this place as a matter of priority and the council is essentially washing its hands of the case. I am asking Deputy O'Callaghan, as the Minister for justice, to contact our council about this case but also because all councils should take very seriously their obligation to get women out of situations like that so they are not forced to live in close proximity to their assailants.

Paul Gogarty (Dublin Mid West, Independent)
Link to this: Individually | In context

I welcome the Victims of Sexual Violence Civil Protection Orders Bill 2025, which as others have said, aims to ensure a person subjected to sexual violence can be granted a civil protection order where an offence has been found to have been committed under criminal or common law. It is one step, as Deputy Carthy said, but it is an important step in adding to the legal protections available. It is separate to the existing civil restraining orders or section 28 orders we have and ties in with measures to stop someone convicted from harassing, threatening, or violent behaviour against another person rather than the burden of proof being placed on the person assaulted, including, as was mentioned earlier, the woman Deputy Carthy referred to who was recommended to seek a barring order.

It is really pathetic the way the justice system stands right now, whether it is before or after the often-inadequate sentencing. This Bill is complementary to the Minister’s equally welcome criminal law (sexual offences, domestic violence and international instruments) Bill which, when finally enacted, will incorporate Jennie’s law, which is something I and others have called for over a period of time. It will create the new publicly-accessible domestic violence register of judgments managed by the Courts Service, strengthen the law on sexual consent and replace the term "child pornography" with the more apt "child sexual abuse material", and include other measures for those convicted of domestic violence against their partner or former partner being publicly named on this register. I suggest the Bill before the House granting a civil protection order will act as a further deterrent, so I hope the Government adopts this Bill. I note the Minister said he was not opposing its passage to the next Stage but suggested it was in some way superfluous, so at the very least I hope it is integrated into planned legislation.

This obviously raises questions about when precisely this unopposed Bill or the Bill the Minister put forward earlier in the year will be enacted and how they are going to be resourced because it is not the first time we have had discussions about the societal problem of violence, and in particular sexual violence, against women. I wish this would be the last debate but we all know there is a body of work to do, from the legal barriers to the lack of resources for supports and ingrained misogyny that goes all the way down from fully-grown men to what I have previously described – and I hate giving that piece of excrement any publicity – as the Andrew Tate-ification of our boys as early as primary school. The damage on social media is all-pervading, it is breeding the next generation of violent offenders and we need to do something about it. I hope the Minister will look at proposals I and others have made on mirroring the Australian model of a ban on social media for under-16s.

Just tonight I had a constituent who is a former school principal contact me. He said violence against women is out of control. He said that if that many women suffered due to a faulty kettle or faulty TV there would be a major recall investigation. He said the injuries and threats of violence are nuts. He said if women carried out that many attacks the country would close down and we would be in a lockdown. He asked if there is a rage now in society and whether it is it okay now that it has been normalised. He asked me to please share with the Minister that we need to sort this and said there should be no blaming anything other than men.

This ties in with the Cuan Corporate Plan 2025–2027 which points out 40% of adults have experienced sexual violence at least once in their lifetime, with 52% of these being women, who are disproportionately affected by sexual violence compared with 28% of men. Furthermore, 68% of younger women aged 18 to 24 have reported experiencing sexual violence in their lifetime, which is absolutely shocking. The Minister said it is an international problem and it is, but we are legislators in Ireland and it is an embarrassment to us as a country. The development of the corporate plan is welcome too but let us see what the outcomes are because the initial report says it is being guided by a legislative framework. I am sick of hearing about "the four key pillars set out in the Zero Tolerance strategy which are grounded in the Istanbul Convention: Prevention, Protection, Prosecution and Policy Coordination". We have heard it a lot. If I had €10 for every time I heard about the Istanbul Convention I would be a millionaire. They are all laudable and worthy but they have been talked about to death.

In an Irish context we need to look holistically at proper collaboration between Government Departments, statutory bodies and agencies and obviously society as a whole because we have been poor at bringing things together. We have heard this about the housing crisis, public transport, energy self-sufficiency and also this hugely important issue. Can we bring the protections we are talking about together? Can we train the professionals properly? Where is the evidence each area will be followed up so lives will be saved and people protected? We need more than prosecution after the event. We need more than refuges even though we need a lot more refuges. There is only a short time left for action until we get to the next strategy. All we know is we have promised legislation and also legislation not promised, such as on the issue of therapy or counselling notes, as Deputy Coppinger referenced, and a commitment to have "a review of the current strategy's implementation to inform the development of the fourth national domestic sexual and gender based violence policy strategy 2027 to 2030." We have the third one right now so is it not time we focused less on strategy and review and more on actual implementation? As I said, this Bill, like others, is welcome and needed but I hope we can ensure legislation has teeth. All victims and survivors of domestic, sexual and gender-based violence deserve this, especially women and girls, including the campaigners here in the Gallery who have all been let down far too much and for far too long.

Peadar Tóibín (Meath West, Aontú)
Link to this: Individually | In context

Cuirim fáilte roimh an mBille seo agus beidh Aontú ag tabhairt tacaíochta dó. I very much welcome this Bill. It makes sense that according to the courts a victim of sexual violence should be able to get the protection order automatically upon the conclusion of the court proceedings.

It is appropriate we are having this debate on the International Day for the Elimination of Violence against Women. I wish to reference the annual report produced by Women's Aid earlier this year. Its contents have stayed with me since I read it and it is obvious the problem we have is getting worse by the year. That report stated more women contacted Women's Aid last year than ever before in its history, which is a 50-year period. The report found some women experienced abuse so severe it resulted in them having miscarriages. Some said they were threatened with weapons, subjected to surveillance and had the lives of their children threatened. Women spoke about experiencing homelessness and hypervigilance as a result of the domestic abuse they had been victims of. A third of the women had been subject to abuse by their ex-partners and according to research from a reply to a parliamentary question I received recently there has been a 45% increase in the number of domestic abuse reports made to the Garda in four years.

That is startling information. It shows the deeply problematic situation that is unfolding in our country right now. Between 1996 and 2024, 269 women died violently in this country. Some of these cases have not been solved but 87% of those were killed by men. That is another startling fact and atrocious figure. Behind each one of these individual figures, there is a real person, a citizen who has had her life ripped away from her.

Aontú wants to see gardaí trained to make sure they can deal with domestic violence properly. One of the findings of this report is that 44% of women said that gardaí were not able to help them. That is unacceptable. If we are to be honest with the victims and survivors of this crime, we need to make sure there are more gardaí. There are 53 Garda stations around the country that currently have no assigned garda. In some cases, women feel trapped and unable to disclose their abuse to officials. It takes courage for these individuals to escape the abuse they are suffering. We need enough gardaí and gardaí who are trained properly to deal with anybody who has mustered up the courage to speak out.

If a partner abuses a woman to the point that she miscarries, threatens her life or the lives of her children, or seeks to prevent her from disclosing that abuse, that individual deserves more than the current maximum prison sentence of three years. This Dáil should look at minimum sentencing legislation to deal with grievous abuse. Sentencing for sexual assault in this country has been far too lenient. Many perpetrators do not receive any custodial sentence whatsoever. How many times have we read in the newspapers or heard on the news about an individual who has been found guilty of a grievous assault getting a fully suspended sentence? It is an incredible situation. We have a responsibility here. We cannot just say that judges are not making the right decisions. The truth is known. Prisons are significantly overcrowded. I have no doubt that is having an effect on how judgments are being made.

I recently held a public meeting on crime and antisocial behaviour in Meath. Two women who work in a local shop found two boys involved in shoplifting. When they approached them, those two boys threatened to rape those women if they went to the gardaí. These women now get a lift to the door of their workplace and back every day. It is in incredible that citizens would have to live with such a level of fear in their lives that they cannot go about a normal provincial town feeling safe and secure.

According to the Rape Crisis Centre, 40% of people in Ireland will experience sexual violence in their lifetime. Some 30% of people experience childhood sexual violence. There is growing evidence of a link between children consuming violent hardcore pornography and the increase in sexual violence. The Garda Commissioner has stated there is a growing link. It is incredible that we have been talking about that link for years but are doing nothing about it. The Government is banning the advertisement of junk food because it sees the link between these images being shown to children and increasing obesity and yet it cannot join the dots as regards young boys consuming violent hardcore pornography and the growth of misogyny and sexual violence. Other countries are grappling with this and making changes.

The number of children under the age of 18 who have abused children of the same age or younger has increased by 18% in the past year according to Rape Crisis Network Ireland. Children at Risk in Ireland, a specialist professional therapy service for children, found that there had been a 44% increase in sexual abuse and sexually harmful behaviour against children by children within a two-year period. It is absolutely startling. I still think of the haunting and shocking case of Ana Kriégel, whose life was taken from her when she was so young by two boys who were 13 years old. They had 12,000 violent hardcore pornographic images on their phones but this country has done nothing. Back in 2020, I introduced a Bill to prevent these really profitable companies selling this material to young children and yet we see tumbleweeds on the matter.

There is a major issue in terms of refuges in this country. There are still nine counties without refuges. I think of the work Senator Sarah O'Reilly and campaigners have done in relation to this in Cavan. It has been talked about but it has not been delivered. We have heard many fine words here today but we are still not seeing the action that is needed in relation to this crisis.

Danny Healy-Rae (Kerry, Independent)
Link to this: Individually | In context

I am glad to get the chance to talk on this very important motion. I thank Sinn Féin for bringing it forward. I welcome the ladies in the Gallery who are here to campaign for justice. Like all of the other women out there who are being abused, they are depending on Dáil Éireann to see after them and to uphold their right to live and carry on where they have always been, in their own local areas. It was said that there is an urgent need for robust enforcement of protection orders. We should develop a strategy to ensure that. Deputy Boyd Barrett said that the councils should play their part in moving the woman from her house. I think the man she is afraid of should be moved out of the area rather than the woman having to move. She did nothing wrong. These enforcement or protection orders are not symbolic. They should be enforced. We should ensure that, whatever way this is done, the women will have freedom to live where they have lived or where they want to live. If they want to move, that is fine, but they should not have to move so as not to see or be intimidated by an abuser. They should be seen after.

We have heard all the stories and we know all the dreadful and horrible things that happened to women in our country over a number of years. So many have been murdered, maimed, badly injured and hurt. It is severely difficult for us to believe that such things could happen in our country. We must seek to close the gap and put a stop to this for once and for all. The Minister is bringing forward his own Bill. If there is any way we could strengthen it using anything from this Bill, we should do so to ensure the best possible outcome for girls and women of all ages and to ensure they are properly catered for and seen after.

These constant abusers get the facility of legal aid. That should only happen once or twice at the very most. These abusers are horrible people and repeatedly get the facility of legal aid. It should be cut to two rounds of legal aid at most. After that, lock them up. They should not get fair play after that.

We must ensure the appropriate safeguarding of all victims and all those who are vulnerable. I think especially of young disabled children and non-verbal children. We must seek to protect them at all costs. They depend entirely on the system and our laws to protect them. If enforcement is weak and they are left exposed to harm, that is a failure of our justice system.

I think Deputy Mattie McGrath was to speak. I will just say that this is a very important matter for all of us to deal with. Women are physically weaker than men. Men should not be left to abuse, hurt or kill them, as has been happening. We must make it ever harder for them. In a minority of cases, men get abused. We cannot allow that either. That has happened from time to time but it happens far less often. It is the other way 99% of the time.

We are depending on the Ministers to expedite the Bill and to bring it forward, and also to ensure that in the next 12 months it is sorted out once and for all. It is going on for long enough.

Seán Canney (Galway East, Independent)
Link to this: Individually | In context

On behalf of the Minister, Deputy Jim O'Callaghan, who is here beside me, I again thank Deputy Carthy for raising this important issue today on International Day for the Elimination of Violence Against Women.

I also extend my appreciation to all of the other speakers who have contributed to the debate this evening. I reiterate the Government's commitment to a zero-tolerance approach to domestic, sexual and gender-based violence. At its core, zero tolerance ensures that every victim and survivor who comes forward to report an incident is met with protection, respect, and effective support.

Substantial legislative reforms have taken place in recent years, including in respect of assault and harassment offences, as well as the introduction of the new stand-alone offences of stalking and non-fatal strangulation. In addition, Coco's Law - the Harassment, Harmful Communications and Related Offences Act - criminalises not only the distribution of, but also the threat to distribute, intimate images without consent, which is another heinous way we know abusers control victims. The Sex Offenders (Amendment) Act 2023, which was commenced last year, strengthens our already robust system for monitoring sex offenders. It reduces the notification requirements for sex offenders to three days. The Act also strengthens the management and monitoring of sex offenders in the community. The Minister intends to progress further reforms in this area as a priority.

As Deputies know, in October the Minister secured Cabinet approval for the drafting of the criminal law (sexual offences, domestic violence and international instruments) Bill 2025. This piece of legislation contains a number of key measures in respect of sexual offences, including a publicly accessible domestic violence register of judgments. This will allow for any person who was convicted on indictment of specified offences, including murder, manslaughter or serious assault against an intimate partner or former intimate partner, to be named in a court judgment outlining the sentence imposed. The judgment will be published under a domestic violence register of judgments on the Courts Service website.

I am sure that all Members of the House are agreed on the importance of combating domestic, sexual and gender-based violence and protecting victims. It is for precisely that reason that the Oireachtas has legislated for the range of protective measures I previously outlined, including harassment orders under the Criminal Law (Sexual Offences) Act 2017, barring, protection and safety orders under the Domestic Violence Act 2018, sex offender orders under the Sex Offenders Act 2001, and civil orders against relevant conduct under the Criminal Justice (Miscellaneous Provisions) Act 2023. The power of the court to impose conditions on convicted sex offenders by means of post-release supervision orders is also an important tool in this regard.

I am sure Deputy Carthy understands that we do not want to enact legislation that is not necessary, or which rehashes existing provisions on the Statute Book. The Minister is particularly mindful of this, and the resource constraints inherent in progressing legislation, and we must prioritise accordingly. As such, I reiterate that we cannot guarantee support for the Bill on Committee Stage in the absence of clear and convincing arguments on its added value.

Maurice Quinlivan (Limerick City, Sinn Fein)
Link to this: Individually | In context

I wish to reference something the Minister of State said, which the Minister previously said, that is a bit of a red flag for me in regard to the protection orders for victims outlined in the Bill. It was that "we cannot guarantee support for the Bill on Committee Stage in the absence of clear and convincing arguments on its added value". If the Minister needs additional proof to be convinced, the people in the Gallery will convince him. They are the people we need to listen to.

While I am talking about listening, I was contacted by one of the visitors in the Gallery who was concerned by what the Minister said. One person who was really upset and angry left. Other people were angry that the Minister was scrolling too long on his phone and not listening to what was being said. They were really upset.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

I was reading section 46 of the sexual offences Act.

Maurice Quinlivan (Limerick City, Sinn Fein)
Link to this: Individually | In context

I am just telling the Minister what the visitors told me. In fairness, I do listen to women when they contact me.

I attended a conference in Limerick on Saturday on domestic and gender-based violence. The event was hosted by my colleague, Kathleen Funchion, MEP. It brought together experts - solicitors, gardaí, rape crisis representatives and, most importantly, many survivors of abuse. It was compelling to hear their stories, and to hear positive ideas and suggestions to make the system better, and on how we can educate young people so that the new generation will neither inflict nor suffer the pain. Those who spoke were clear that individuals within the system in many cases are compassionate, but the system itself is not.

Domestic and gender-based violence is an all-of-society issue that impacts every socioeconomic group. It is not just about physical violence but the loss of financial independence and other forms of coercive control. Gender violence is as prevalent now as it ever was, only some of the weapons have changed. The figures from 2024 demonstrate this. One in five young women are or have been subjected to intimate relationship abuse. In 2024, gardaí responded to an average of 1,250 domestic abuse incidents per week. These are incredible figures that should really shame all of us.

For me, the most compelling contribution on Saturday came not from the expert panellists but a contributor from the floor who is here in the Gallery. She has survived sexual violence, which she endured as a teenager. She gathered the courage to approach the Garda and, thankfully, following a lengthy court process her abuser was jailed. She also spoke about her tension and fear about her abuser's eventual release. She is from Limerick, which is a small enough city, where urban estates are only a short distance from each other. She is from such an estate, as was the criminal. She told of the abuse and of the anxiety faced by survivors during the court process they have to go through. She spoke of the knots in her stomach, the long trips to the court in Dublin to speak as a witness, and having to compose herself, only to have the sitting postponed a couple of times. She spoke about having to sit in the same room as the man who had abused her, having to recount the details of her life in front of a room of strangers and of the mental toll this took on her. She told us how she now has sleepless nights as his release date approaches. If the legislation we propose had existed, once her abuser was convicted of his crime of sexual violence, a court could have imposed an order restraining him from approaching her on release. The introduction of civil protection orders is a sensible step for survivors. I urge all to support them. This is just one piece of the puzzle we need to address.

Ann Graves (Dublin Fingal East, Sinn Fein)
Link to this: Individually | In context

On the day that we mark the International Day for the Elimination of Violence Against Women, we all need to stop and reflect on how we can work together to reduce and eliminate all violence against women. Last year, the annual report for the Courts Service showed an increase of 13.6% in sexual violence against women. That is just not good enough. We need to overhaul the courts system to ensure it is supportive and safe for victims of sexual violence. This Bill is practical, solution focused and a step in the right direction. It provides that if someone is convicted of a crime of sexual violence, at the same time, a court could impose an order restraining the convicted person from approaching the victim.

The Bill, however, is not a panacea for all sexual violence. One of the major issues for women fleeing violence is the need for safe, secure and accessible housing. This was brought home to me by a woman who owns her own home. She had to move out because of the terrible level of domestic and sexual violence she experienced. She was left struggling to find somewhere safe to stay while the perpetrator was left living in the family home. Another woman had to flee her own home after her ex-partner, who had subjected her to such levels of violence that she is now prevented from being able to return to work because of her injuries, moved in three doors away from where she lived. She was in so much fear of further violence that she and her son had to move out. They are currently living in their car. Another woman, whose partner attacked her with a screwdriver, had to move out of a council property while her partner and abuser remains in the home. She was unable to find emergency accommodation and is now living in a garden shed with no heat or water. These cases are only the tip of the iceberg that is violence against women in modern day Ireland.

Our local authorities must be adequately supported in providing appropriate emergency accommodation to women and children fleeing domestic and sexual violence, and councils must ensure the perpetrators are not allowed to remain the tenant in a council home while the victims are forced out onto the street.

I acknowledge the work that my colleagues, Deputy Matt Carthy and Senator Maria McCormack, have done in bringing forward this legislation. Mostly, I thank the women in the Gallery for their bravery and for coming forward. Their voices will be heard through this legislation.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

I thank every TD who has contributed to this debate this evening and the many TDs who contacted me in the course of the day to indicate their support for this Bill.

I also thank the Minister and Government for allowing this Bill to pass on Second Stage. There are issues more important that political games. It would have been possible for Government parties to play political games and table a delaying amendment, and I acknowledge that they did not.

I also acknowledge that the Minister stayed for the entirety of this debate. Most senior Ministers run off as soon as their contribution in a debate such as this is over. I want to ensure, and ask, that that spirit continues. I want us all to make a resolution for 2026 that this Bill will be law by this time next year.

Of course, I accept that the purpose of the next Stages of the Bill is that amendments can be brought forward that would improve the Bill. It is transposing something from the harassment legislation into the sexual violence sphere.

I hope we can explore on Committee Stage whether we can find a mechanism that would ensure that a civil protection order against a perpetrator could be imposed by a judge for a lifetime period, and my appeal to the Minister and to Government is to be constructive as we tease out all of these issues.

Something Ministers have said repeatedly tonight is that there needs to be added value. The added value is that by passing this Bill we can say clearly to victims and survivors, "We hear you, we see you and when you point out failings in the system to us, we will act."

I thank again all of those organisations that have indicated support of this Bill. I thank Sinn Féin for allowing me to utilise our Private Members' time to progress it. I thank Caoilfhionn Ní Dhonnabáin in my own office for working so hard on bringing forward this important proposal. I thank my party colleagues, particularly Deputy Máire Devine, our junior spokesperson on domestic and gender-based violence issues and Senator Maria McCormack, who is a determined and fierce advocate for vulnerable people in her constituency and, indeed, everywhere.

I thank Maria, especially, for introducing me to three of the most powerful people I have ever met. Sonya Stokes, Leona O'Callaghan and Shaneda Daly are forces of nature. They set out to me in stark terms why this legislation is required. By telling their stories, they brought their perpetrators to justice. In doing that, they did the State - all of us - a great service.

That should be all we have to ask of them but I was struck by the words of Leona O'Callaghan. I ask the Cathaoirleach Gníomhach to indulge me while I recite those words verbatim:

You know, we've done enough when we’ve done that. But what I've also done ... is ... put myself in the firing line when he gets out, because he's going to want revenge on the very people that took his freedom for so long. And I worry that he spends most days thinking about what he will do to the people who put him where he is. And I would love the protection of a protection order. If I was protected against him as a child, I'd have had a very different life. Everything would have been so different. And society couldn't protect me from that because these monsters exist and they're clever and we don't see them for what they are before they do it.

But now we know who he is and we know what he does. We know how violent he is. And what I'm asking is not for me, because it's too late for me. It can't be retrospective, but for the little Leonas that come after me, that are brave enough to look these people in the eye, relive what they went through, and put them behind jail, and, you know, at that stage, they should have the protection of knowing this man is not allowed to come anywhere near me. He's not allowed to talk to me, he's not allowed to try and communicate with me, ideally, he's not allowed in the very same building as me.

That is added value that this Oireachtas can bring to all of these women.

My final appeal, in thanking Government for allowing this to move to the next Stage, is let us listen to Leona, Sonya and Shaneda and to all those countless victims and survivors who have told their stories. Let us pass this Bill.