Written answers

Wednesday, 22 January 2025

Department of Justice and Equality

Courts Service

Photo of Barry WardBarry Ward (Dún Laoghaire, Fine Gael)
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1043. To ask the Tánaiste and Minister for Justice and Equality if she will take steps to create a dedicated court for serious sexual trials so that trials can be "specially fixed", thereby reducing unpredictability and delays for victims, witnesses and accused persons; and if she will make a statement on the matter. [1816/25]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I can assure the Deputy that I am committed to creating an effective and victim centred approach to handling sexual offence cases which aims to protect victims from re-traumatisation and encourage more individuals to come forward, thereby facilitating a smoother judicial process.

As the Deputy will be aware, in 2022, I commenced the Criminal Procedure Act 2021, which allows for pre-trial hearings for the first time in Irish law.

The introduction of preliminary trial hearings is one of a number of recommendations of ‘Supporting a Victims Journey’, my plan to reform the criminal justice system to make it more victim-centred. Their use improves the trial processes for a range of offences, including sexual offence cases by helping the trial process run more smoothly and reducing the potential for further trauma for victims.

Preliminary trial hearings also allow for certain technical and sensitive matters to be addressed in advance of the trial itself starting. In the case of sexual offence cases this includes defence applications to question a victim about his or her sexual experience.

I am committed to doing as much as I can to make the trial process more efficient and as sensitive to the needs of the victim as possible, while still protecting the important rights that accused persons have to defend themselves robustly.

In August 2024, I commenced parts 1, 2, 4 and 5 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 which:

  • Ensures anonymity for victims in all trials for sexual offences,
  • Extends the right to separate legal representation to victims of sexual assault if they are being questioned about their previous sexual history,
  • Ensures that character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on oath or via affidavit.

In addition, my Department participates in a Criminal Justice Users’ Group convened by Mr. Justice Paul McDermott. The group is examining practical measures that will reduce delays in those cases involving children that are dealt with by the Central Criminal Court, which includes the most serious cases of sexual assaults.

I understand that the detail of these measures will be announced shortly and, once their effectiveness in practice has been established, the intention is that similar approaches will be developed for cases involving adults and for the other courts.

While there are actions contained within the new draft programme for Government, it will be a matter for the next Government to bring these proposals forward.

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