Alice-Mary Higgins (Independent) | Oireachtas source

I am very glad we can have this discussion. Many of us from all parties have been calling for action and a debate on this since this Seanad first convened. It has acquired particular urgency this week in the context of the image-based sexual violence we have been hearing about.It is also important to note that in the wider context of the Covid-19 pandemic, there has been a shocking increase in terms of the vulnerabilities associated with violence against women and that this increase is international. The United Nations has described violence against women during the pandemic as a shadow pandemic and has referenced calls internationally having increased fivefold. Our obligations internationally relate to the Istanbul convention, the Council of Europe convention on gender-based violence and domestic violence and the United Nations sustainable development goals. Those are our long-standing obligations in the international context. The other international context is that epidemic of violence and the reductions in many countries across the world in protections, as we have seen recently with some European countries seeking to reduce these protections and exit the Istanbul convention. It is important that Ireland remains strong and is a leader in that regard.

Within the pandemic, as has been described, there were 33,941 helpline calls and 27,000 incidents to which the Garda were called in terms of domestic violence and intimate partner violence. It is a terrifying time for many people across Ireland. I refer to the horror, not so much of what happened last week because imaged-based sexual violence was happening, but the exposure last week of the depth of image-based sexual violence in Ireland, which was very harrowing and distressing for many. It exposed, as has been said, not just that this type of violence and abuse was happening but also the attitudes and entitlement that seem to underpin it, which came across in the commentary in regard to these actions as well.

I welcome that the Minister is supporting the legislation. My group will support it and work to strengthen it and ensure it moves speedily through the Houses. I would like to flag a couple of key issues that I think will be important. It is important not only that this is identified as image-based sexual abuse and violence but that it is identified as sexual abuse and a sexual offence. That is important. It should not be about image without consent, which is also very important, it should be specifically a sexual offence and have that effect. I welcome the idea of looking into "real or threatened" behaviour. The threat of such images is one of the issues we discussed in our deliberations on coercive control. It is important too much emphasis is not placed solely on the intent. We do not want intent to become a defence in relation to the conduct of this effect. If the effect is on a person whose images are shared, that should be our central focus. The experience of such persons and their needs must be centre-focused.

As I said, coercive control is an example of how, if we work cross-party on legislation, we can make an immense difference. The offence of coercive control was introduced in the last Seanad. It involved cross-party work by some who are Members of this Oireachtas such as Senators Clifford-Lee and Ardagh, members of Fine Gael, members of the Civil Engagement Group, including me and former Senator Colette Kelleher, as well as Senator Bacik and others. There was extremely close co-operation, including from Sinn Féin via former Senator Máire Devlin. I am highlighting this work because it required people really co-operating. We were told it was impossible to bring in a coercive control offence, that it could not be implemented and would be unenforceable, but we pressed and persevered and over six months the position of the Government changed and we did an offence of coercive control. It has been extraordinarily important as a message in terms of what is or is not acceptable in terms of how people treat each other. It has been an empowering message for many and has allowed people to stand up and say that how they are being treated is not accepted, it is wrong and it is coercive control. I was glad to see the first successful prosecution taking place last week. I highlight this to encourage us to be ambitious around image-based sexual abuse and sexual violence. A change and a shift is really important. It can happen and it has an impact.We talked about homes a lot, which are on our minds because of the pandemic, but one other important aspect of that legislation is the fact that it includes other intimate partner relationships including dating and other relationships where a person is being targeted with coercive control. It is not simply for those who live together. If people are being targeted with sexual abuse or coercive control it is important for them to know they can take action even if they are not living with the person concerned. It is important to say that because a lot of younger women, in particular, who are in dating relationships and who experience sexual violence and abuse do not know that this legislation applies to them and that they are protected under the law and have rights.

There was real legislative progress in the last Oireachtas and now we have the task of implementing that legislation. The big piece was the pushing forward of the Istanbul convention. However, the problem is that the ratification has not yet been followed up by the requisite resources. We have spoken about a bystander campaign but I am concerned about the consequences of running such a campaign, of encouraging people to reach out, to call and take action when we know that 1,351 people were turned away from shelters. For somebody who takes the step of leaving an abusive situation to be met with a closed door is unacceptable. We know that the point at which such action is taken, when somebody tries to make a break for it, is when he or she becomes most vulnerable. Furthermore, it is not acceptable for Ireland to use a sophism to suggest that we only need half of the number of shelter places as every other country that has signed up to the Istanbul convention. The suggestion that we need one for every 10,000 women, rather than one for every 10,000 members of the population must be addressed. We should not be trying to come up with maths-like solutions to what are real and sometimes life and death situations.

In terms of funding and resources, Safe Ireland has called for €7.5 million. There is a concern that there are still counties in Ireland that do not have shelters. Members will know of the difficulties faced by shelters. I know that the Galway Rape Crisis Centre, for example, has again and again faced the possibility of closure and being on the brink. Constantly struggling is the norm for shelters around the country. I welcome the Minister's commitment to multi-year funding but it must be really robust and substantial. It is also important, in the context of the role of Tusla which was mentioned earlier, that this is not just funding for services but also for advocacy. I am concerned that those engaged in supporting the women - predominantly but not exclusively - who are accessing services and supports are able to have a say and provide feedback on what is needed. This is really crucial work, which we saw with organisations like the Dublin Rape Crisis Centre, Safe Ireland, Rape Crisis Network Ireland and others in terms of driving that really positive debate around coercive control and making it an offence. I urge the Minister to ensure that the voice of those affected by this issue and the capacity of organisations to support that voice is also part of the picture in terms of resourcing the change in culture vis-à-visdomestic violence in Ireland.

Supporting the Victim's Journey is a really positive start in terms of changing the extraordinarily and shockingly high fallout rates. A very small number of people actually report violence and then many disappear from the system because it is so gruelling. Supporting the Victim's Journey is really important but I ask the Minister to comment on the issue of training for judges. Will training be provided for judges around how they engage with these issues? I ask because understanding is needed.

There is a lot more to be done in every sector including in academia and the workplace. ICTU and others have put forward proposals in this regard. I encourage the Minister to support the domestic violence leave issue. We need safer cities.

Lastly, I raise the issue of consent. The most important issue is freedom and ensuring that women have the freedom to participate in society, sexually, personally and in every other aspect of their lives. That is the reward and that is what happens if we make these changes.