Seanad debates

Tuesday, 23 May 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: Second Stage

 

12:30 pm

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I welcome the Minister to the House for the debate on this timely legislation. I thank him for setting out its provisions in his opening remarks. I acknowledge and salute his work and commitment as Minister for Justice since he took the job. I do not mean to embarrass him in saying this. He hit the ground running on day one. I remember seeing a report on the 9 o'clock news showing him down in Limerick. I thought to myself this guy has only just become the Minister for Justice and here he is getting involved in issues locally. It is a measure of his style, commitment and hands-on approach. According to media reports, the Minister, Deputy McEntee, is due back on 1 June, which is not long away. The Minister, Deputy Harris, is ambitious, determined and rightly wants to get things over the line. I see the importance and significance of this legislation and his desire to get it over the line. I wish him well with it.

One of the great things about RTÉ on a Tuesday is that we tend to get a little snippet of information about what the Cabinet is doing. This morning, Tommy Mescal had a report on the RTÉ website with a headline stating that the Government has approved increased sentences for assaults on gardaí. I thought that was brilliant and scrolled down further. The report states: "Minister Simon Harris [is] to increase sentences for assaults on gardaí and other emergency service workers." The Cabinet, it is reported, is set to agree to the Minister's proposal. In fact, as he has outlined, it already is agreed. Things have moved on since this morning. That is welcome. The maximum sentence for assaulting or obstructing a member of An Garda Síochána will increase from seven years to 12. I salute this. It is brave and the right thing to do. Everyone in these Houses supports parliamentary democracy and the rule of law. This measure is critically important. I understand it will apply to assaults and threats against gardaí, including ramming of vehicles, as well as against emergency workers, including hospital staff, prison officers, fire brigade crews, ambulance personnel and members of the Defence Forces. The Minister indicated today that he intends to bring forward further proposals on Committee Stage to give effect to these proposals. That is welcome and important. Interestingly, the Taoiseach commented today that assaults on gardaí and other emergency service workers were more serious offences than others and that the proposals before the Cabinet are a gesture of solidarity with those personnel. We in this House should join in that gesture of solidarity. As the Minister said, it is not enough to condemn such assaults and move on. We must do something and we have an opportunity now to do something. We live in a parliamentary democracy and I salute the Minister for bringing forward this legislation.

I have a few observations on its provisions. The Minister has rightly referred to measures on domestic, sexual and gender-based violence and the introduction of a stand-alone offence of stalking. His predecessor as Minister, Deputy McEntee, dealt at great length with this issue in the House and we had a great debate about it. We discussed the famous and well-documented report, Travelling in a Woman's Shoes, which was about the issues experienced by women using public transport. The report contained a number of strong recommendations. It is interesting that many of the key issues raised in it were referenced by the Minister in his opening statement. I thank him and his officials for acknowledging and taking on board those issues. I also acknowledge the people who put the report together. The issues addressed in the legislation include harassment offences, civil restraining orders and assault causing harm. There is also provision for an offence of non-fatal strangulation. It is great to see these provisions embedded in the Bill. They will be broadly welcomed across the House.

The Bill also addresses organised crime and conspiracy to murder. These are really serious issues. The question arises as to why they are only now being addressed. However, the Minister is doing something about them. The provision for a statutory framework for witness anonymity is really important. The Bill addresses a substantial number of issues, including amendments to firearms legislation. That has to be welcomed as it is long overdue. The Bill contains provision for several procedural enhancements, notably in respect of medical and forensic evidence, to reduce the need for medical professionals and forensic scientists to appear in court in regard to non-contentious evidence. That is really important. There is a lot of controversy around this issue, with many people being held up in a process that can go on for a substantial time. We need to streamline it in a fair, reasonable and balanced way that allows all the evidence to be put out there and any conflicting issues around that to be teased out.

I commend and support the Bill. It is well overdue. As the Minister said, it is important that we send a clear message that we stand in solidarity with An Garda Síochána. Increasing the maximum sentencing for assaults on gardaí from seven to 12 years for the offences outlined is welcome. The need for measures to protect the identity of alleged victims in harassment and stalking cases is constantly raised with all Deputies and Senators and everyone in public life. I am not sure whether that problem is getting worse. It has always been there but at least we are now talking about and addressing it. Stalking, intimidation and so on are very frightening for anyone to experience. Many people have suffered for far too long in isolation and the fear they have contributed in some way to what is happening to them or somehow brought it on themselves. The legislation sets out with great clarity the message about what it seeks to do in this regard. I commend and support it.

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