Seanad debates

Tuesday, 18 December 2018

Criminal Law (Extraterritorial Jurisdiction) Bill 2018: Second Stage

 

12:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I welcome the Minister. He is advancing a very important and long-awaited Bill that will allow for individuals committing particular offences abroad to be liable to prosecution under Irish law. This legislation is important in itself in the spirit of international co-operation, but it is also very important as it is the final step Ireland needs to take to allow us to ratify the Council of Europe convention on preventing and combatting violence against women and domestic violence, known as the Istanbul Convention. This convention is internationally recognised as a blueprint for good practice in respect of domestic violence against women and, indeed, men and children and the wider issue of violence against women.It is wonderful that we will be able to move forward with ratification. We signed up back in 2015 following a very long campaign from the Irish Observatory on Violence Against Women and many other NGOs and, while progress has at times felt painfully slow, significant changes have happened, both in the Legislature and among the public. Following the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017, we have seen the passage of the Domestic Violence Act 2018. I agree with Senator Conway-Walsh that it was one of the key moments of co-operation across the Seanad when we managed to strengthen that Bill. We insisted that there be not just a definition of consent but the recognition of the offence of coercive and controlling behaviour. This was very significant and I am sure the Minister recognises that it strengthened the legislation. It can help us to lead good practice internationally and it is a moment to be proud of. There are a number of other aspects of the Domestic Violence Act that are very important but which I will not go into now. It is their implementation that is important and we need to monitor it to ensure the measures are put effectively to work.

I commend the Minister, his predecessor Deputy Frances Fitzgerald, the many individuals, NGOs and civil society groups, such as the Irish Observatory on Violence Against Women, Women's Aid, the National Women's Council of Ireland, SAFE Ireland, the Rape Crisis Network Ireland, the Dublin Rape Crisis Centre and all the other groups and individuals like Ellen O'Malley Dunlop who advocated and continue to advocate for better policies, resources and legislation to combat domestic violence in Ireland. They have all called consistently for the ratification of this legislation.

Once Ireland ratifies the convention we will begin to be examined for compliance with its standards. We have just come to the end of 16 days of opposing violence against women, which ran from 25 November to 10 December. This year a Change the Conversation campaign provided a stark and sobering reminder of how pervasive domestic violence and intimate partner violence remain in Ireland. One in five women has suffered intimate partner violence and domestic abuse and nine out of ten women who are killed are killed by someone known to them, with 56% killed by a partner or ex-partner. That is a crucial point. It often happens that, after people have left violent situations or dangerous, abusive situations, they are particularly vulnerable and our State supports need to be strengthened in this area. Some 50 calls are made every day to national freephone number for victims of such violence.

Implementing the Istanbul Convention is an opportunity for us to bring about the systemic and institutional change we need to facilitate the protection of women and the accountability of perpetrators. It is critical to match our response to the scale and complexity of the violence. It is important that, in a year when we have seen an avalanche of women, men and children sharing their stories and experiences of abuse and control, and an international wave of women who have spoken out to expose abuse, the people who do this are met with supports and resources. It is crucial that the resources are placed behind the implementation of the Istanbul Convention. I am sure the Minister will have this conversation at Cabinet level and that he will champion the provision of resources to ensure those who seek to exercise their rights and to access supports promised under the convention will be met with those supports. There is no better source of information for State agencies than the experience of those who have had to work through these situations, with personal experience or having supported those who experienced domestic of sexual violence. Survivor experiences and voices must be allowed to influence and shape policy and practice. It is vital that there be community monitoring of Ireland's compliance with the convention standards, with front-line providers, communities and affected women having a role.

Research is also needed, such as that being carried out as part of the SAVI 2 study, and the Minister might indicate an expected date for that. It is crucial to have the statistics to place alongside the experiences. I hope we move quickly from the passing of this Bill to the speedy ratification of the Istanbul Convention and the Minister might give us a date for this as well. Work will then be needed to monitor it, to communicate it and to engage with the public. This is already happening and people are talking about consent because they realise how important it is. We need to expand the understanding of things such as consent and what a respectful relationship means, as well as of what people can expect in terms of supports. As the Minister said, the issue needs to be transformed from a silent one to one that is of public concern. As well as a date for ratification, the Minister might also tell us what messages he will be bringing to Cabinet about resourcing and the implementation of the Istanbul Convention. He might also let us know what proposals he has for expanding public awareness to ensure we make the convention, not just a blueprint, but a new set of structures and supports for women, men and children in Ireland.

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