Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I am pleased to have the opportunity to address the Seanad on behalf of the Minister, Deputy McEntee. She has asked me to thank Senators O'Loughlin and Clifford Lee for introducing this important Private Members' Bill, which is on Second Stage today. I also acknowledge the eloquent contributions made by all speakers. I am also pleased to have the opportunity to be here in my own right to listen to this very important piece of legislation. I acknowledge Jason Poole here this evening. It cannot be easy. I commend Jason on all the work he has done since Jennifer’s death. I believe, as a person of faith, that Jennifer would be extremely proud of Jason here tonight. I know she would be extremely proud of Senator Fiona O’Loughlin for all she has done to get this Bill to Second Stage.

This Bill seeks to amend the Sex Offenders Act 2001 to require those convicted of coercive control to notify information to An Garda Síochána, to provide for court orders and to oblige those convicted of coercive control to inform prospective employers of their conviction when applying for a position involving unsupervised access to children. The Bill also obliges the Minister for Justice to prepare and publish a report on a process that provides for the right of a victim of coercive control to seek and obtain information about a person who has been convicted of the offence of coercive control.

Earlier this week the Minister, Deputy McEntee, brought a memo to Government seeking approval not to oppose this Bill on Second Stage and I can confirm this was endorsed by the Cabinet. The Minister believes this Bill is well intentioned and aligns with the Government's zero tolerance approach to domestic, sexual and gender-based violence. Coercive control is an appalling crime and a form of abuse which frequently has severe and lasting consequences. Victims of coercive control have often had incredibly difficult personal journeys. The Government is firmly committed to eradicating all forms of domestic, sexual and gender-based violence and to protecting, supporting and empowering survivors of these crimes.

However, legal advice received from the Office of the Attorney General raises concerns around the approach put forward in this Bill. Amending the Sex Offenders Act is not the appropriate way to tackle this issue. The provisions in the Sex Offenders Act have been specifically crafted to address the crime of sexual offending. Coercive control is not a sexual offence. Persons convicted of a sexual offence are required to notify An Garda Síochána of changes in their address and other movements under the Sex Offenders Act 2001. Our courts have ruled this is legally and constitutionally permissible because of evidence that sexual offenders present a significant risk to society due to their tendency to relapse. There is no similar justification for adding coercive control offenders to the notification requirements of the Sex Offenders Act as proposed under this Private Members Bill. Indeed there is a real risk that such provisions would be found unconstitutional.

Furthermore, the Office of the Attorney General has raised concerns in relation to the issue of proportionality. The Bill does not provide that persons convicted for other offences under the Domestic Violence Act 2018, such as breaches of barring orders or forced marriage, be subject to notification requirements under the Sex Offenders Act 2001. Nor does it require that persons convicted of offences under the Harassment, Harmful Communications and Related Offences Act 2020 be subject to such a reporting regime.

There are also concerns about proportionality in relation to the requirement in the PMB that the Minister publish a report on a process that provides for the right of victims of coercive control to seek and obtain information about the perpetrator. Such protections go beyond those afforded to victims under the Criminal Justice (Victims of Crime) Act 2017 and would need to be carefully examined.

While victims of coercive control may also be victims of physical abuse and sexual abuse, at its heart, coercive control is about just that: control, as in control over another person and the perverse sense of power this brings the perpetrator. People trapped in such relationships may feel unable to leave. Despite the abuse, they may feel they have no way out. Internationally, a number of evaluations have cited a lack of evidence that domestic violence disclosure schemes are effective in reducing the incidence of domestic and family violence or improving perpetrator accountability. In fact, law reform commissions in some Australian states have recommended against introducing this type of disclosure scheme because of a lack of evidence that they work and because of the very real concern that disclosure might result in increased risk for the person involved. Accordingly, the Minister, Deputy McEntee, has instructed officials to develop policy proposals which will look at strengthening the role of An Garda Síochána in its mandate to protect, while taking into account international research in this area. The Minister’s intention is the development of a proactive policy which will empower members of An Garda Síochána to make assessments and to reach out to persons who are at serious risk in intimate relationships. The practical and legal considerations of such an approach are currently under review and consultations with An Garda Síochána are ongoing. Policy proposals are expected in the next weeks and will reflect comparative research and the considerations I have outlined.

This is one element in ongoing work by the Minister for Justice to strengthen protections for vulnerable victims. As the Senators will be aware, important legislative provisions in relation to stalking and harassment came into force just last month. For the first time in Irish law, we now have a stand-alone offence of stalking. This offence covers any conduct that puts someone in fear of violence or causes serious alarm and distress such as to have an adverse effect on the person's day to-day life. The conduct in question is illustrated by a wide list of possible behaviours, such as following, spying upon, communicating with or about, and impersonating. This list is not exhaustive.

The Minister has also significantly widened the existing harassment offence, which covers harassment behaviours that are broader than stalking. It is committed where the perpetrator's persistent conduct seriously interferes with another's peace and privacy or causes alarm, distress or harm. The same open list of possible behaviours applies to this as it does to stalking. Furthermore, a new system of civil orders restraining stalking behaviours is being introduced. These are vital additions to the law which will allow earlier intervention and do not require a criminal prosecution, which often prevents people from coming forward. Procedural protections will apply to the civil order procedure. These include that evidence may be given by video link, that proceedings will take place in private, and that limitations are placed on cross examination by the respondent in person. Breach of the civil order is, of course, in itself a criminal offence. It may also form part of the basis for other prosecutions.

This is all part of a much broader body of work the Minister for Justice is undertaking to combat domestic, sexual and gender-based violence and to keep our communities, especially women and girls, safe. Only two weeks ago, legislation creating a statutory agency dedicated to tackling and reducing domestic, sexual and gender-based violence, DSGBV, and supporting victims and survivors passed successfully through these Houses. The new DSGBV agency, Cuan, will bring the dedicated and expert focus that is needed to tackle these serious and complex societal problems. It will be responsible for planning, co-ordinating and monitoring the development of refuge accommodation and providing support, including financial assistance, for the delivery of services to victims and persons at risk of DSGBV. Cuan will also be responsible for developing standards, monitoring compliance and co-ordinating the delivery of relevant Government strategies and plans. It will oversee delivery of public campaigns to raise awareness of DSGBV and reduce its prevalence. It will conduct ongoing research to support the development of future policies and programmes. The new chief executive, who I understand is currently at the final stages of recruitment, will be responsible to the Minister for the performance of the agency. In carrying out its work, Cuan will be mandated to engage and consult appropriately with the DSGBV sector and other stakeholders.

Establishment of the agency is a key commitment of the third national strategy on domestic, sexual and gender-based violence - zero tolerance strategy, which the Minister, Deputy McEntee, published last June. This is an ambitious five-year programme of reform to achieve a society which does not accept domestic, sexual and gender-based violence or the attitudes which underpin it. The €363 million strategy is built on four pillars: protection, prevention, prosecution and policy co-ordination. The Government is making great strides in implementing the accompanying 144 detailed actions to ensure everything that is promised in the plan is delivered according to the clear timelines set.

The commitments set out in our zero tolerance strategy have been backed by funding commitments. Under budget 2024, a record additional €12 million, or 25%, increase in funding for combating DSGBV, was secured. This follows an additional €9 million secured under last year's budget. This additional funding will support the implementation of the zero tolerance plan, including funding the new agency to meet the acute needs for services throughout the country.Cuan will have a core budget of €43 million next year which will increase nationwide coverage, and will boost the momentum in implementing the strategy's ambitious goals.

In addition, the Minister for Justice is bringing the Criminal Justice (Sexual Offences and Human Trafficking) Bill through the Houses. This Bill contains important reforms to implement the recommendations of the O'Malley review of protections for vulnerable witnesses in the investigation and prosecution of sexual offences. The legislation will strengthen the rights of victims of sexual offences, ensure anonymity for victims in all trials for sexual offences and extend victims' rights to separate legal representation.

Through Supporting a Victim's Journey, the plan to implement the recommendations of the O'Malley review, the Government has put in place important reforms to support and protect vulnerable victims in sexual offence cases and to ensure our criminal justice system is more victim-centred. 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 to develop 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.

In order to promote more sustainable service delivery and planning, the Department of Justice is also offering multi-annual funding commitments to key NGOs that are 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 divisional protective service units ensures that vulnerable victims are dealt with by gardaí who have specialist expertise. Officers assigned to these units receive bespoke training on engaging with vulnerable victims, including modules on sexual crime investigation; domestic abuse intervention and investigation; victim engagement; sex offender management; and online child exploitation.

I reiterate this Government's commitment to addressing coercive control, and DSGBV more broadly. We are determined to hold perpetrators accountable and to empower survivors of these horrendous crimes. A holistic approach is needed to tackle these deeply-rooted issues. The measures I have outlined show this Government's commitment to doing so.

I acknowledge the commitment and intention of Senators O'Loughlin and Chambers in bringing forward this Bill. I note the support it has received from this House. The objectives of the Bill are clearly reflective of Government policy principles and efforts ongoing to strengthen protections for victims of DSGBV. However, as I have outlined, the advice from the Attorney General makes clear that it is not legally permissible to apply a regime designed specifically for convicted sex offenders to persons convicted of coercive control.

The Minister, Deputy McEntee, is working on policy proposals to address this issue that align with the broader intention of this Private Members' Bill. She will bring these proposals forward once consultations with the relevant stakeholders are concluded.