Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Senators for their contributions during the passage of this Bill. On the question raised by Senator van Turnhout on Committee Stage regarding section 15 and whether civil partners and co-habitants are included in the definition of "person in authority", civil partners and co-habitants would fall under subparagraph (d) of the definition, which provides for partners of a parent of a child who live in an enduring family relationship to fall under the definition of "person in authority".

This is the most comprehensive sexual offences legislation to be brought forward in almost a decade. It strengthens existing law to combat child pornography, the sexual grooming of children, incest, exposure and other offensive conduct of a sexual nature. It also recognises the particular trauma experienced by victims of sexual crimes. As I said earlier today, I believe that the provisions relating to the disclosure of counselling records will benefit from further clarification. This has been reinforced by a number of submissions which I have received. It is extremely important that we get this right because we want to ensure that people will go for counselling and also that they can take cases in court without fear. There must be certainty in this area. I again thank those who made submissions on the issue.

The necessity for greater focus on the needs and rights of victims is strengthened in this Bill. As a result of the putting in place of the new EU victims directive, work has commenced on legislation to ensure we meet the objectives of that directive. Many of our criminal agencies are already implementing the victims directive effectively through their services, by way of new procedures and practices. The Second National Strategy on Domestic, Sexual and Gender Based Violence, which was launched yesterday, is the result of extensive consultation with State agencies and the voluntary sector. One of the three main goals of that strategy is the provision of services to victims and holding perpetrators to account. What is clear from all of this and from the discussions we have here, is the commitment of all of us to recognising the rights of victims and the need to protect to the greatest extent possible those rights, be that through recognition in law or other services.

Obviously not everybody agrees with every section of this Bill. The most controversial provisions are those in regard to the criminalisation of the purchase of sexual services. Having listened to both sides of the debate, I am convinced that the exploitation associated with prostitution, in particular through the trafficking and sexual exploitation of persons, justifies the introduction of these provisions. I again thank Senators and members of the NGO community, many of whom are here today, for their involvement in the development of this legislation. I also thank the members of the various committees, particularly the justice committee, for their work in relation to this Bill.