Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit agus roimh an mBille atá os ár gcomhair inniu. I thank the proposers of today's Bill to amend the 2018 Act. I welcome the Minister of State to the House. Over recent years, my colleague in the Dáil, Deputy Martin Kenny, who is Sinn Féin's justice spokesperson, as well as other elected representatives in the Oireachtas have raised issues relating to improving the quality of justice for anyone appearing before the courts, particularly women and children who experience domestic violence and abuse. These include a range of suggestions including the need for additional judges and a system for speeding up their appointment. Additional judges are needed to handle the extensive waiting lists throughout the court system, especially at District Court and Circuit Court level. In the middle of last year, a report from free legal aid services highlighted many barriers facing those trying to access legal aid, one of which was low levels of income, which restricts many from availing of the services offered by the Free Legal Advice Centres, FLAC. Another barrier is the number of refuge spaces for victims of domestic violence. The Istanbul Convention states that there should be one family place for every 10,000 of a population but this State is only delivering around 30% of that currently. Inadequate numbers of refuges are made much worse for women due to inadequate funding of the refuges by the Government. Domestic violence refuges are more than a safe place for women to stay after leaving a violent partner; these centres also provide other practical supports such as counselling and legal advice. The Government should ensure they are funded properly to provide the services distressed women and children need.

Today's Bill, as proposed by Senator Martin and other colleagues with respect to the criminal offence of coercive control is in keeping with ongoing efforts to support and protect women and children who need the justice system to act in their interests - in this context in the face of a violent and abusive partner. Women's Aid described coercive control as being at the core of domestic abuse. It is an insidious form of psychological and emotional abuse that intends to instil fear and distress in a victim and isolate them from family, friends and workmates. Every aspect of a person's life can be monitored and every personal act undermined and criticised. Physical violence may not always occur but the threat of it can be constant, leaving a victim in a perpetual state of fear for themselves, their children and others close to them. Coercive control should be given no quarter, no matter the circumstances. It most definitely should have no place in the justice system. It is entirely appropriate that an accused should be prevented from personally cross-examining a witness. I support this Bill but I am concerned that the intention of the Bill to prevent an accused from cross-examining the witness could be undermined by a provision that enables the court "in the interests of justice" to allow the accused to conduct a cross-examination personally. This provision negates the benefit of the Bill to amend the Domestic Violence Act 2018. The provision in the Bill that provides a mechanism for the accused to have legal representation to cross-examine the witness on his or her behalf is in keeping with the long-practised principle that everyone is entitled to legal representation, whatever the crime.

If the Bill reaches Committee Stage, Sinn Féin will consider an amendment to delete what we consider to be a contradictory provision couched in the language of justice, although I understand from media reports that the Minister of State and his colleagues intend to wrap this Bill into a Government Bill. While I am in no way as learned in legal matters as the proposer of the Bill and the previous speaker, nevertheless, I know he will enter into this in the same way he enters into all aspects of his work in the Seanad, that is, in an open and collaborative way. I am sure that across the House, in working together and with the Minister of State and his officials we can ensure any concerns are allayed and potential pitfalls avoided as this Bill progresses through the House.