Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Ar dtús báire, cuirim fáilte roimh an mBille agus tréaslaím leo siúd a chuir an Bill os ár gcomhair.

I will begin by welcoming the Minister of State, Deputy Joe O'Brien, to the House and by welcoming the Bill before us this afternoon. I apologise to Senator Doherty and to the other proposers for not being here during earlier contributions. I did, however, hear Senator Doherty move this legislation in a very focused, resolute and authentic way. I am very happy to be here today to support it at this Stage, and I am sure at all of the other Stages.

There are many aspects involved in the circumstances that affect a person who has been sexually abused and to be in court seeking justice from the assailant. Among the many aspects is one that goes to the heart of the drama, which is the integrity of the victim. There is a need for the entire apparatus of justice, including the attitude of all those involved including the police, the solicitors, the judges and the various structures that surround them such as police stations, courtrooms etc, to place the integrity of the victim to the fore. There are no excuses for those with the direct responsibility in this field not to make it as easy as possible for victims to participate in securing justice for themselves, with the active assistance of the administration of justice at its various levels. Respect for the victim by authority figures will help the victim overcome the fear, the loneliness, the sometime embarrassment and the feeling of guilt of many victims, as if they are to blame for what happened to them, and not the attacker.

This Bill is about improving the information available to the court at the time a convicted sex offender is before the court for sentencing. It is about ensuring that the victim is not re-traumatised by the court experience. It is about providing legal representation for the victim, allowing for the cross-examination of any referee produced by the defendants as evidence of their good character, so-called. This is very important because at the moment the law permits unverified "good character" testimony to be placed before the court in mitigation pleas by the assailant. Victims feel humiliated when they are left unable to challenge such glowing testimony.

As a result of the victims' rights directive, which now has direct effect in Irish law, and the Criminal Justice (Victims of Crime) Act, the State must put measures in place to protect victims and their families from secondary and repeat victimisation and from the risk of emotional or psychological harm. Unfortunately, there have been a number of incidents where character references have been used to ruin the reputation and standing of a victim of sexual crimes and where leading figures from the various worlds of sports, politics and media - as stated by other colleagues - have provided references. Such gestures have had a chilling effect on the reporting of sexual crimes. The Bill at hand speaks to some of the issues that affect the victims and the quality of justice that is available to them. The Government Seanadóirí who have introduced this welcome Bill should also use their influence on the Government to implement the Supporting a Victim's Journey plan, a more comprehensive and all-embracing change on well-known fronts, to improve the overall experience for the better of those caught up in the nightmare of sexual assault, and sadly very often the nightmare of the process of obtaining justice, as it has been for many victims, unfortunately.

I again acknowledge the proposers of the Bill. I am sure they will have support across the House. They certainly have my support and I thank them for leading on issues that are of such importance to women, around gender-based violence and justice, around ensuring equality and fairness and all of the support available to victims, not least those who have suffered sexual violence and abuse. I support the Bill.