James Browne (Wexford, Fianna Fail) | Oireachtas source

I am pleased to have the opportunity to address the Seanad on behalf of the Minister for Justice, Deputy Harris. I thank Senator Martin for introducing this important Private Member's Bill on Second Stage today. I acknowledge the co-sponsorship of the Bill by a large number of Senators and the eloquent contributions made by all the speakers.

The stated aim of the Bill is to amend the Domestic Violence Act to provide protection for victims and children in proceedings on coercive control. By protecting victims, including children, from cross-examination in person by the accused, the Bill moves to reduce the retraumatisation that may occur in a courtroom setting. Earlier this week, the Minister, Deputy Harris, brought a memo to the Government seeking Cabinet approval not to oppose the Bill on Second Stage. I am happy to confirm it was endorsed by the Cabinet.

The intention of the Bill aligns with the Government's zero-tolerance approach to domestic, sexual and gender-based violence. Coercive control is an appalling crime, a form of abuse that frequently has severe and lasting consequences. Its victims have often had incredibly difficult personal journeys. They deserve to feel safe and supported when coming forward and throughout their engagement with the criminal justice system. However, we must also remember that the right to a fair trial is enshrined in the Constitution and is a cornerstone of our legal system. In our common law system, the criminal trial is a binary contest between the prosecution and the defence. The procedure and evidential rules that have evolved over time are based on that assumption. An accused person has a right to test the evidence given against him, and examination and cross-examination are part of that process. This can understandably be a difficult experience for a victim, particularly when asked to recall the details of a traumatic experience. Nevertheless, it is a core element of our legal system.

A key requirement in criminal trials is to ensure that the accuser and the accusation can be probed in front of the trier of fact. Any interference with the right to a fair trial must be proportionate. It must go no further than necessary to achieve its purpose. In 2017, the Oireachtas addressed this issue with amendments to the Criminal Evidence Act. This gave the court the power to direct that an accused not personally cross-examine the victim in a sexual offence case. Provision was made for a legal representative of the accused to conduct that cross-examination.The Attorney General's office concluded this did not infringe the accused's right to an adequate and proper opportunity to question and challenge a witness. The legislation also contained very important safeguards. Any prejudice to the accused person must be avoided by a warning to the jury, if necessary. It also permits cross-examination in person where the court feels it is deemed to be in the interests of justice. Given these provisions expressly covered victims of sexual offences, they were deemed to be proportionate. The rationale for bringing forward this important legislation in 2017 was to protect vulnerable victims from revictimisation in the courtroom. The same logic clearly applies to victims of coercive control which was criminalised in 2018. Equally, it applies to victims of other offences such as forced marriage, stalking and harassment, and I want to ensure victims do not fear engaging with the justice system.

I have asked my officials to identify the protections available to vulnerable victims and where these can be strengthened in the context of our ongoing work in this area. It is important this is being done in a comprehensive manner to take account of both existing and forthcoming legislation. I have been advised by the Attorney General's office that it would be more coherent to provide for an extension of the existing power in the Criminal Evidence Act 1992 itself. Once the preparatory work has been completed, it is intended to bring forward legislation to do this very thing.

I assure the Senators that, in the meantime, there is ongoing work in my Department to strengthen protections for vulnerable victims. Last July, the Government approved the general scheme of the criminal justice (sexual offences and human trafficking) Bill to implement the recommendations of the O’Malley review of protections for vulnerable witnesses in the investigation and prosecution of sexual offences. This legislation will strengthen the rights of victims of sexual offences to ensure anonymity for victims in all trials for sexual offences, and will extend victims' rights to separate legal representation. The Minister, Deputy Harris, and I expect to be in a position to publish this Bill later this spring. In supporting the victim’s journey, with the plan to implement the recommendations of the O’Malley review, we are putting important reforms in place to support and protect vulnerable victims in sexual offence cases and to ensure our criminal justice system is more victim-orientated.

The introduction of preliminary trial hearings has helped to increase efficiency in how trials are run, which will reduce delays and ease the process for victims. Work has also commenced in developing training for all personnel who come into contact with vulnerable victims. In addition, the University of Limerick has been commissioned to develop a framework for the operation and training of intermediaries. To promote more sustainable service delivery and planning, my Department is also offering multi-annual funding commitments to key NGOs working in this area. These grants cover accompaniment to court, to Garda interviews and to sexual assault treatment units, as well as emotional support and counselling. The nationwide roll-out of the divisional protective service units ensure vulnerable victims are dealt with by gardaí who have specialist expertise.

I am also bringing forward important legislative provisions with regard to stalking and harassment in the forthcoming Criminal Justice (Miscellaneous Provisions) Bill which will, for the first time in Irish law, establish the stand-alone offence of stalking. This offence will cover any conduct that puts someone in fear of violence or causes serious alarm and distress which has an adverse effect on a person’s day-to-day life. The Bill will also significantly widen the existing harassment offence. This offence will remain important, covering harassment behaviours that are broader than simply stalking.

This is a part of a much broader body of work my Department is undertaking to combat domestic, sexual and gender-based violence and to keep our communities, especially women and girls, safe. In particular, in June of last year, the Minister, Deputy McEntee, published the third national strategy on domestic, sexual and gender-based violence, our zero tolerance strategy. It is an ambitious five-year programme of reform to achieve a society that does not accept domestic, sexual, and gender-based violence or the attitudes which underpin it.

I reiterate the Government’s commitment to protecting vulnerable victims and assure Senators of my dedication in this regard. I am grateful to Senator Martin for bringing forward this Bill and I note the support it has received from the House. As I have outlined, work is under way in my Department to strengthen protections for vulnerable victims. I intend to bring forward an amendment to the Criminal Evidence Act to ensure the protection against cross-examination in person is available in respect of a number of offences, including but not limited to coercive control. This will ensure vulnerable victims are not retraumatised in the courtroom by being cross-examined by their abuser.