James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Senators for their contributions to today's debate on this important Bill. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 sets out a package of measures which will introduce important reforms across a number of areas. The common ground underpinning all of these measures is our commitment to strengthening protections for vulnerable victims. Enhancing protections for vulnerable victims is a priority for me and my Department and this is borne out by our achievements in this area. A number of recommendations in the O'Malley review of the protections for vulnerable witnesses in the investigation and prosecution of sexual offences have already been implemented. This includes the introduction of preliminary trial hearings which has helped to increase efficiency in how trials are run. Potential issues can be identified and solved in advance, allowing trials to proceed on their scheduled dates. This reduces delays and eases what can be a traumatic process for victims. More recently, 17 people have graduated from the new professional diploma in intermediary studies at the University of Limerick, funded by my Department. We are now putting in place a 12-month pilot scheme in criminal courts nationwide where the register of qualified intermediaries will be available to the Office of the Director of Public Prosecutions and the courts. The use of professional intermediaries will assist vulnerable witnesses in giving their best evidence in court cases.

This Bill is implementing further recommendations of the O'Malley review specifically designed to improve the treatment of vulnerable victims of sexual offences and I welcome the support expressed for these measures. They aim to reduce the stress and anxiety which many experience during the investigation and prosecution of sexual offences. Above all, these measures aim to protect victims from retraumatisation and revictimisation during this process. Similarly, in requiring that a character reference provided on behalf of a convicted sex offender must be sworn, either on oath or affidavit, we will protect victims of sexual crimes from further traumatisation during the sentencing hearing.

As Senators will be aware, our wider work on domestic, sexual and gender-based violence includes the establishment of Cuan this year and a new action and implementation plan for 2024 has recently been published. Cuan has a specific mandate to drive implementation across Government, bringing the expertise and focus required to tackle this complex social issue. Key actions this year will include work on the national services development plan, increasing refuge spaces and safe homes, progressing legislative reform, evaluating the effectiveness of awareness-raising campaigns and the development of a research and data plan to support collating domestic, sexual and gender-based violence information across Government Departments and agencies. Cuan will also lead on consistent and ongoing research to inform domestic, sexual and gender-based violence policy development.

I have already outlined the steps we are taking in this Bill to put the new national referral mechanism, NRM, for victims of human trafficking on a statutory footing. The new NRM will provide a mechanism for all agencies, both State and civil society, to co-operate and share information. This new approach will make it easier for victims of trafficking to come forward to be identified and to access advice, accommodation and support. Human trafficking is an exploitative and particularly heinous crime which preys on some of the most vulnerable. Victims of trafficking can be found anywhere and are sometimes hidden in plain sight. Their vulnerability can often make them particularly hard to reach. Putting the new NRM on a statutory footing is a clear demonstration of our commitment to identify and support victims. It is a key element in the new national action plan which sets out a suite of measures to combat trafficking, create a more victim-centred approach to identifying and supporting victims, raise awareness, and provide training for those who need it. It will also strengthen Ireland's international reputation in this area. In 2020 Ireland was downgraded to the tier 2 watchlist in the US State Department's annual trafficking in persons report. This meant Ireland was considered a State that no longer meets the minimum standards for the elimination of human trafficking. In 2022 Ireland was removed from the tier 2 watchlist, in a very welcome move. Enactment of this Bill is an important and necessary step which will further improve Ireland's standing internationally in advance of the next trafficking in persons report.The Bill also contains important and necessary amendments to the Defence Act in respect of sexual offences. These amendments mean that women and men in the Defence Forces will be able to turn to the civilian system in the investigation and prosecution of such offences.

Last, but not least, the Bill provides for the legislative amendments required for Ireland to ratify the second optional protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This is an important international instrument for protecting children from exploitation.

I again thank the Senators for their many thoughtful and constructive contributions during this debate. There will be further opportunities to tease out the issues that have been raised and I look forward to constructive discussion of the Bill’s detailed provisions on Committee Stage.