Joe O'Reilly (Fine Gael) | Oireachtas source

I welcome the Minister of State to the House for the second time in a couple days. The protections outlined in the Bill are both important are long overdue. Our laws must develop to accommodate the intricacies of modern crime while also ensuring the safety and dignity of all citizens. This law represents a critical step in that direction.

One of the most significant elements of the measure is the increased anonymity of victims and defendants during sexual assault prosecutions. By barring the public from the courtroom, we provide a safer environment for victims to relate their story without fear of exposure or further pain. This protection is critical for encouraging more victims to come forward, knowing that their privacy will be maintained throughout the legal process. In addition, the measures grant victims the right to separate legal representation and legal aid in certain cases. This clause acknowledges the unique and often overwhelming obstacles that survivors of sexual assault and exploitation encounter.Legal representation ensures that their views are heard and their rights are safeguarded, giving them the assistance they require to navigate the complexity of the legal system.

Another important aspect of this Bill is the modification of the definition of rape which focuses on the mental component of the act. By defining rape as non-consensual intercourse in which the perpetrator does not believe the victim consents, we link our legal definitions with a more accurate and just understanding of assent. This change is vital in holding offenders accountable and providing justice for victims. Another significant component of this legislation is the creation of a legislative national referral mechanism, NRM, for victims of human trafficking. Human trafficking is a horrible crime that necessitates a comprehensive and effective response. By formalising the NRM we ensure that victims receive prompt and appropriate support, allowing them to escape exploitation and restore their lives. Furthermore, this Bill gives effect to the second optional protocol to the UN Convention on the Rights of the Child which addresses child trafficking, prostitution and pornography. This ratification is more than simply a symbolic gesture. It represents a commitment to maintaining the highest standards of child protection and international human rights.

The change to the Defence Act of 1954, which requires that acts committed within the State by personnel subject to military law be addressed by civilian tribunals and by An Garda Síochána, provides much-needed transparency and accountability. It emphasises that no one is above the law, regardless of status or position. This legislation also requires that character evidence presented at sentencing hearings be made under oath or by affidavit. This policy is intended to avoid the misuse of character references and ensure that sentencing judgments are based on accurate and reliable information. I have anecdotal evidence to support the importance of that and I am sure the Minister of State and my colleague, Senator Ward, who is also a distinguished lawyer, would know of this too. There is a lot of anecdotal evidence of the misuse of that process.

This legislative measure might be reinforced further by requiring training for healthcare workers in detecting and assisting victims of human trafficking. Dr. Annette Kennedy is chair of the health and social care education human trafficking, HSCEHT, group and her colleague, Dr. Anne-Marie Ryan, is a very distinguished academic. Both of them began as nurses in the Richmond Hospital and have really serious practical information in this area and they are giving this back to society. The group is excellent. Recently I invited them to the audiovisual room in Leinster House to make a presentation. It was a wonderful occasion where we learned that many people lack the requisite skills to identify indicators of trafficking and provide proper assistance. Incorporating the Departments of Health and Further and Higher Education, Research, Innovation and Science within the Bill would ensure comprehensive education and inter-agency coordination, potentially saving lives. I urge the Minister of State to bring this suggestion to Cabinet and to all relevant stakeholders for consideration. By educating our healthcare workers, we can greatly enhance our response to human trafficking and guarantee that victims receive the assistance they require. The data makes clear that a significant number of trafficking victims connect with healthcare services while in captivity but they stay undetected even through that process. Implementing these educational approaches during training of nurses and social care workers is an important step towards modernising our approach to preventing human trafficking.

It is good that the offence of obtaining a child for sexual exploitation outside the country can be prosecuted here. That is an important reform. I also note the points made by Senator Ward. We are all aware that we are listed in various US reports as not being very proficient in this area but hopefully this legislation will change that. I welcome the legislation. I urge the Minister of State to look seriously at the issue of the education of health and social care workers to enable them to recognise victims of human trafficking and to report same immediately. I am very interested in his response in that regard.