Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Tuigim gur ábhar iontach tábhachtach é seo. Gabhaim mo leithscéal leis an Teach as a bheith as láthair don chuid is mó den phlé. Bhí mé ag taisteal ó Bhéal Feirste. Is é sin an fáth. Ba mhaith liom mo leithscéal a thabhairt fosta ar son an tSeanadóra Boylan, a bhí ag iarraidh a bheith páirteach sa díospóireacht seo. I apologise to the Cathaoirleach, the Chairman of the committee and colleagues for missing a large part of today's discussion. I was travelling from Belfast. My colleague, Senator Boylan, who had really wanted to be part of this discussion, has unfortunately been unable to attend. I will say my few words briefly, conscious that we need to wrap up.

I commend the Joint Committee on Justice. I understand totally, as a former member of the committee, the volume of work that goes through it. It is encouraging to see that it has put this important issue to the fore of its agenda and work programme. I commend the Chairman and colleagues on that. The report deals with a very sensitive, shocking and devastating area of life, which is very often hidden from view unless you are directly affected by it, either as a victim of sexual assault, as a witness or as a relative, loved one or friend of a person who has been attacked. The report is victim- and witness-friendly across a range of areas, including those at all levels who staff the justice system, from the gardaí to the judges and all in between. The report applies the same sympathetic eye to the buildings, rooms and other facilities in which victims or witnesses are housed following their harrowing ordeals. It examines the criminal justice and courts system and how both respond to victims of rape and sexual assault, how better to understand the issues that need to be addressed and where the system can and should be improved. It is quite clear from the report's commentary that its authors were keen to ensure that the justice system is tailored in so many different ways, too many to mention in this short speech, to the human needs, emotional and psychological, of a person profoundly affected by rape or sexual assault and her or his family, relatives and friends.

To achieve its victim-friendly ethos and recommendations, the report readily acknowledges the help of stakeholders who presented:

...to the Committee the areas of reform they believed were most urgent regarding the current criminal justice process for vulnerable victims in cases of sexual assault and rape.

The purpose of this, the report makes clear, was to establish what areas of reform could be improved and strengthened in order to create a more supportive system, with the lowest levels of trauma for those involved in proceedings, police, solicitors, judges and court and police buildings. The report's recommendations are set in the context of the progress already made, which the report acknowledges. It gives examples of that progress, including anonymity, rights of the victim and the provisions and special measures for victims under the age of 18 or those with an intellectual disability. It describes the use of victim impact statements as "a landmark decision in recognition of a victim's rights" and suggests that a single statute should be introduced combining all the measures in this complex area.

The report further identifies issues of concern and suggests actions in the following areas: legislation to extend anonymity of victims of sexual assault who have a mental illness or disability; the appointment of extra judges and preliminary trial hearings to deal with delays which cause anxiety for victims and witnesses; specialist training and a code of conduct for members of the legal profession, especially in the area of cross-examination and questioning of a vulnerable witness; acute separation between the victim and the attacker at all times; special measures for victims of sexual assault, use of intermediaries, screens, video link, restrictions on questioning relating to prior sexual history, etc.; public awareness around consent, its meaning and the need to change attitudes to it; and information, support and resources for vulnerable victims before and after a trial.

The report, as the Chairman of the committee will be aware, makes 14 pertinent recommendations, and I hope the Minister for Justice will implement them all to the full in letter and in spirit. Again, I commend the report, its authors and those who contributed to it. I know from my own experience that many stakeholder groups and representative bodies look to the justice committee as a very authentic and effective voice and lobby. I know the Chairman and colleagues will take their role very seriously. I also know that Senators, whether members of the committee or not, will work as collaboratively and as positively as we can with the committee in seeing that the recommendations of this report are brought to bear.