Seanad debates

Wednesday, 17 November 2021

Report on Victim’s Testimony in cases of rape and sexual assault: Motion

 

10:30 am

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail) | Oireachtas source

I too welcome the Chairman of the Joint Committee on Justice to the House. Senator Ward and I have the pleasure of sitting on the committee chaired by Deputy Lawless. The manner in which he conducts his business and steers the committee is very impressive. His appetite for work is also hugely impressive. He gave some examples of it. I am delighted with the experience of serving with him.

I acknowledge the presence in the Visitors Gallery of Alan Guidon, the clerk of the committee. I am sure my colleagues will agree that we are very fortunate to have him as our clerk. He is very efficient and hugely helpful to members as they go about their business. He is very welcome to the House.

Senator Chambers and Deputy Lawless mentioned the sad and depressing statistic that only 10% of victims come forward and report crimes to the Garda. I found that information heartbreaking, as I did the fact that, as Deputy Lawless noted, only 10% of cases are prosecuted.

Deputy Lawless outlined the process the joint committee went through. We invited a number of stakeholders to our hearings and listened to what they had to say.I found it very moving, and heartbreaking in many ways, to listen to the testimony of some of those who represented victims who have gone through the process.

A number of recommendations have been made in the report, which have been forwarded to the Department and the Minister. Some of them, as Senator Chambers noted, seem very simple, and we might legitimately ask why it has taken so long to shine a light on this subject and why so few women and men come forward in the first instance to report incidents. It is shocking that only 10% of cases relating to those who come forward result in a successful prosecution. That is harrowing. It is impossible for me to step into the shoes of someone who has been a victim, and the presentations made to the committee were as close as many of us will ever, I hope, come to that.

The recommendations are fairly simple. We discussed issues relating to judges and the length of time it can take a case to go through the courts. It is important we try to step inside the shoes of the victim in having to go through the process of giving evidence and making statements, and then getting a date for court. We can only imagine how traumatic it would be to have to step into a courtroom and be given a specific date and, lo and behold, a week or two before that date or even less, to be told the case is being postponed. That happens often and it must be a shocking experience to go through as a victim. Clearly, more judges are needed in order that we can expedite the process and these persons can try as best they can to get through the process and get their lives back on track once it has been completed.

Other simple measures the Chairman of the committee outlined relate to the use of ICT. You would imagine that would be very basic to implement. More evidence should be examined in regard to how it could be relayed via ICT. Many of my colleagues at the committee are well used to the courtroom, and in many cases it is a home from home for them. For those of us who do not normally enter a courthouse, however, it is a very intimidating atmosphere. In the case of trials for sexual assault or rape, we can only imagine how someone going through that process must feel. Even sitting in a courtroom and being close to the person who was responsible for them being there in the first instance is very difficult, and that too is something one would imagine would be a fairly basic principle. Even sitting outside the courtroom in waiting rooms, the victim could have to confront that individual, and I imagine that would be traumatic to have to go through.

I was delighted to be a part of the committee and to have gone through the process. I feel I know a little more about the process than I did at the outset and I was delighted to support all the recommendations, which are fairly basic, as I outlined. The key issue, which was acknowledged also by the Chairman of the committee, relates to the process of education regarding sexual behaviour and consent, something we have to expedite through our primary schools, at the appropriate age, and through secondary schools and third level. Many third level institutions have done great work in this regard and it is very important . Surprising though it may seem, there is much ignorance in respect of this issue, so education is the key in that regard.

I look forward to the Department and the Minister responding to the recommendations in the report. We have delayed this for much too long. It is far too serious an issue to drag our heels on. We owe it to the women and men who have been victims of these horrible crimes to make the experience of having to go through a court case as bearable as it can be under the circumstances. I echo the call of the Chairman of the committee for this report and its recommendations, which are all ones of common sense, to be implemented as soon as possible.

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