Sharon Keogan (Independent) | Oireachtas source

I welcome the members of the public who are with us today, particularly Rachel and Emma. I thank the drafters and proposers of this Bill. It touches on an important, raw area of our justice system. The persons who have to engage with that part of the justice system must be treated with the utmost care and respect.We have known for some time that there is much room for improvement when it comes to the mechanics of prosecuting sexual offences in our courts. The courts system, based on the discovery of truth through questioning, is inherently adversarial. How can we reconcile that with an approach that shows due care to the victim and avoids unnecessary trauma? The Bill seems to be a step in the right direction.

Central to this Bill is the recognition that our courts should only accept testimonies that people are willing to stand over and defend. No doubt, if this Bill is passed we shall see a chilling effect in the giving of a character evidence, and the hope that it is proportionate and in the interest of justice. It is essential that persons who seek to give such evidence do so under oath and that such evidence is open to examination. Additionally, the need to stand over a character evidence should limit applications to such people who really know the offender. We are all aware that public figures and local representatives are canvassed for these character witness submissions. It would certainly be more authentic and more accurate to the truth if we were to move away from that.

Perhaps one concern with the provision contained in the Bill would be the necessary lengthening of the sentence hearing, which will naturally flow from allowing the time for verbal testimonies, cross-examination, and counter-witnesses, as provided for by the new section 5D to be inserted into the Act of 1993. Additionally, I cannot see a provision in that section which affords the defence the same opportunity as the prosecution for cross-examination of a witness produced by the other side. Perhaps that is intentional, but perhaps it might also be examined. The additional increase in legal costs as a result of lengthened sentencing hearings would also be a possible cause for concern. Yet again, if all is done in the balance and with the benefit to the complainant, I believe that much can be accomplished with this Bill. I commend the Senators on bringing this before the House today.