Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister and her officials to the House and welcome all those in the Gallery who have played such a strong role in helping to form the shape of and influence this Bill for the good, namely, the Immigrant Council of Ireland, Ruhama, ICTU, the INMO and the Dublin Rape Crisis Centre in particular. As the Minister said, it is a genuinely reforming Bill which brings in substantive and significant changes to our law on sexual offences. If there is one overarching theme, it is that it is a Bill which addresses sexual exploitation, in particular of children and those engaged in prostitution. I am particularly proud of the role the Joint Committee on Justice, Defence and Equality has played, to which the Minister paid tribute, in formulating some of the policy basis for the changes proposed in the Bill. I take strong issue with some of the comments by Senator Mary White on the changes in Part 3 of the Bill relating to prostitution and I will speak on those in a moment. I absolutely agree with all Senator Zappone said on Part 3 of the Bill, in particular relating to sections 20 and 21 on the changes in prostitution law.

Two aspects of the Bill are particularly welcome. Part 2 deals with sexual exploitation of children, which Senator Noone has dealt with in detail. I wholeheartedly welcome the changes here, particularly those in sections 16 and 17 that change the 2006 Act in respect of the defence of mistake and in respect of consensual underage peer relationships. These are sensible changes that will greatly enhance protections in our law for children.

Part 5 of the Bill deals with provisions for criminal evidence. I welcome a couple of changes there, in particular section 33 which deals with disclosure of third party records in sex offence trials. The Dublin Rape Crisis Centre has worked very hard on this. Senator van Turnhout introduced amendments on this issue in 2013 which I supported and the Minister deserves our thanks for bringing in these careful provisions. I know from colleagues in practice what a huge issue the disclosure of records, particularly counselling records, has been in sex offence trials. It will be helpful for practitioners, judges and, most of all, complainants to see the clear criteria set out for decision making on the question of disclosure.

I also welcome section 30, a provision granting protection against personal cross-examination by the accused in sex offence trials where a witness is under 18 and under 14, for which there are different provisions. We are carrying out research in Trinity College on the real trauma that can be caused to complainants where a defendant chooses to cross-examine in person and currently there is no restriction on that in Irish law but this Bill will change that. It has been a huge and high profile issue in other jurisdictions and I am glad to see we are taking pre-emptive action. I suggest we consider extending this, perhaps in a more limited form, to adult complainants. This has been done in other jurisdictions to some positive effect.

Part 3 has been addressed in detail by others but I agree with and strongly support the new provisions in sections 20 and 21 concerning purchase of sexual services. Those who have commented on this should know that these changes are supported by a wide range of organisations, including the Immigrant Council of Ireland, the National Women's Council, Ruhama and the Turn Off the Red Light campaign.The change is only being introduced, as Senator Katherine Zappone said, following careful consultations and, in particular-----