I move: "That the Bill be now read a Second Time."
I propose to share time with Senator O'Hara.
Domestic Violence (Amendment) (No. 2) Bill 2024: Second Stage
Is that agreed? Agreed.
I welcome the Minister. It is much appreciated that the line Minister is present. She is busy with voting obligations in the Lower House, and it is the tradition in this House to facilitate her in any way we can, but it is good that she is present for such an important debate.
The Bill's purpose is to extend to victims of coercive control the same protection when attending court as applies under section 34 of the Domestic Violence Act 2018 to those attending court for breach of safety, barring and other orders. Currently, those attending court to give evidence as potential victims of coercive control are treated differently because the restrictions in respect of those who may be present in court rooms do not apply in proceedings concerning the defence of coercive control. Nor does the prohibition on broadcasting apply.
Coercive control is a persistent pattern of controlling, coercive and threatening behaviour. It includes all forms of domestic abuse - emotional, physical, financial and sexual - by a partner or ex-partner. It traps victims in relationships and makes it impossible or, at times, dangerous for them to leave. Under section 6(1) of the Criminal Law (Rape) Act 1981, in prosecutions for rape and some other of the most serious sexual offences, the court must exclude the general public from the trial. There are qualifications to this as to the persons the court must allow to remain, such as participants in the proceedings and bona fide representatives of the press. This is similar to section 34 of the 2018 Act.
As legislators, we must be conscious of Article 34.1 of the Constitution, which provides that, save in special and limited cases as many be prescribed by law, justice shall be administered in public. However, I am fully satisfied that the legislative provision I propose will not be problematic in this regard. Article 6 of the European Convention on Human Rights also allows for varying degrees of privacy and anonymity in criminal proceedings in appropriate circumstances. Speaking in support of this legislative initiative, Ms Caroline Counihan, BL, legal support manager with Safe Ireland, stated that Safe Ireland welcomed this proposed new measure to exclude everyone from court during criminal proceedings for coercive control except those who were directly concerned with them.
The experience of coercive control is difficult to talk about for many survivors. We feel that if they knew that they would not have to face the additional challenge of talking about it in public, they would find it easier to come forward to make complaints of coercive control and, if the case was prosecuted, be incentivised to give evidence in court.
Writing in yesterday's The Irish Times, Mr. Fintan O'Toole expressed his view that the judicial system was repeatedly failing women attacked by men. He wrote:
We have ended up with a distorted system in which hundreds of people go to jail for non-violent offences and the non-payment of fines but violent and dangerous men go free. This is the precise opposite of what the public wants. When the administration of justice is so out of kilter with the values of the community, we can no longer suspend our disbelief.
This is the third Bill in this area I have introduced. Next week, I will introduce a further Bill titled the bail (amendment) Bill 2024, which will stipulate that perpetrators of coercive control should and must face the tougher bail regime already in existence. The Bill will propose a very straightforward amendment. I have two further Bills in this area at an advanced stage.
The problems are not of the Minister's making. I emphasise that and indeed recognise that she has been receptive to reform; however, more must be done. In the rough and tumble of politics we all get criticism and one criticism of the Minister that I have heard is that she is too big into reform. That is a very good quality. She is an open-minded, reforming Minister. I thank her for the constructive and positive way she received my Bill, the Domestic Violence (Amendment) Bill 2023, in which I proposed to extend to victims of coercive control similar protections regarding the right to cross-examination. It would not permit the accused to personally carry out the cross-examination of the victim in cases of coercive control. The Minister has since enacted that and I recognise that. She also went further and expanded that amendment to other categories.
In February, I proposed another Bill, the Domestic Violence (Amendment) Bill 2024, which would impose a tougher bail regime. It also proposed to increase the punishment sentence for breach of domestic violence in respect of protective court orders. The Minister broadly welcomed that Bill but in her contribution, she shared and flagged potential adverse consequences. She did not say that she was buying into them but she was sharing those consequences with legislators. In my opinion, those so-called unintended adverse consequences, while all stateable, were bordering on being legally Jesuitical. It was like a top-heavy academic response, no doubt on the advice of the Attorney General's office. I will quote a little of what the Minister said that day in the Seanad:
Making a breach of all domestic violence orders a possible serious offence means that it might become harder to successfully persuade a court to grant any of them. Respondents would be expected to contest the case in a more vigorous manner. In the interests of justice the court might, in certain circumstances, be less inclined to grant orders, in particular those ex-parte orders where only one person is present.
She continued:
Of course, the whole point of getting a domestic violence or barring order at weekends or quickly or perhaps with only the victim there is that it can be accessed as quickly as possible. By putting a higher bar here there is potential - I am not saying it would be the case - [but there is a potential] that it might not be granted because the person who is being accused should be given a right potentially to defend themselves in a way they would not at the moment.
I disagree with that theoretical proposition that the Minister shared with the House on that occasion. We have to accept that the current system is not working and that some victims are in grave danger. Constantly looking around the corner anticipating all of the theoretical pitfalls is laudable, and I appreciate the Minister must be very prudent in considering all options, but I am concerned that this will not move at a fast enough pace and that we will tie ourselves up in knots by looking at the theoretical possibilities.
"Some men see things as they are, and ask why. I dream things that never were and ask why not?" So said Robert Kennedy. Our State, to be true to the exhortation made yesterday by the Ceann Comhairle to Natasha O'Brien that we are on her side, must legislate to the maximum degree and without delay to defend and protect the victims of domestic and gender violence, to name but two of many categories. The lawyers and advisers may ask why and point to a theoretical myriad of difficulties but I would ask, to paraphrase Robert Kennedy again, why not? There is a legal way and we must find it as soon as possible.
Why do we not push out the boundaries of protection afforded to victims of domestic abuse? Why not challenge ourselves to be the leader in the world and to protect the vulnerable and victims of domestic abuse? Why not set us that challenge? Rather than follow, let us lead? Rather than wait around, let us do? Let us translate words into action? Why not be true to words and give real and concrete reality to our vision that women would be protected from violence and abuse in all areas of their lives, including in their homes? I accept that not all victims in these circumstances are women. We must accept that men are at the receiving end of this violence also.
I will hand over shortly to Senator O'Hara who will second the Second Reading proposal. I look forward to the contribution of the Minister and to sitting down with her to discuss the Bills I will also propose next week. Let us get things moving. I commend Members of this House who, in record numbers, signed one of my Bills. It is mine with a small "m" because it is a cross-party Bill. I believe in the force of a collective legislative assembly here in the Seanad. Together we are stronger. This unites everyone. Let us get on this together as one team. Let us stand up and protect the vulnerable who, for far too long, have not been protected adequately. This is not a criticism of this Minister, this Government or even the previous Government. This is a cultural and society aspect which we must rise and reflect in the Upper House. Let us not even wait on the Lower House, the Dáil. Let us lead the way with these amendments. I commend my Bill to the House and look forward to the other contributions.
Hear, hear.
I, too, commend the Bill. My colleague's impassioned plea at the end of his contribution suggests the scale of how we need to shift culture. I will talk a little about that. In 2023, more than 40,000 disclosures of abuse were made to Women's Aid, of which 35,000 concerned abuse against women and almost 5,000 concerned abuse against children. That is a marked increase of 18% from 2022. In 2022, An Garda Síochána received 53,737 calls to respond to domestic abuse incidents, a 9% increase. In the same year, 23,536 applications were made to the District Court under the domestic violence legislation, an increase of 4% from the previous year. Some might posit that this increase was because there was more domestic violence, while the other side might be that people are becoming more confident that they can report and will get safety and justice.
I note in the earlier debate on assisted human reproduction that the Minister spoke about improvements for women. We must focus on domestic violence as gender-based violence which disproportionately impacts on women, with the caveat that, yes, men experience it as well. The Government is committed to changing the outcomes and improving the quality of life for women, and this Bill is another opportunity to do that.
I am conscious, as we debate this, of a well-known fact, particularly pertaining to the UK, from where my data occasionally comes. The European football championship is on. We know that in Scotland when "Old Firm" games take place between Celtic and Rangers, domestic violence incidents increase. We also know there is a surge during the World Cup and European championships. That is UK evidence and I suggest that, given our very similar cultures, the position is the same in Ireland and that women, disproportionately, are experiencing domestic violence in this period of time.
We are also conscious of the disproportionate impact on other minority groups such as ethnic minorities, the Traveller community and LGBT communities. The increase in reporting is about how we better support those organisations to reach hard-to-reach vulnerable groups and encourage them to engage with the apparatus of the State, the police, courts and other social supports to enable them to report and get the safety, support and justice they need.
My colleague, Senator Martin, has brought forward a number of Bills in this regard. There are opportunities to improve it but I will single in on a particular quote from solicitor Keith Walsh, co-author with Sonya Dixon of the new book, Domestic Violence: Law and Practice in Ireland.:
This Bill, if enacted, will remove more obstacles for victims of coercive control to come forward and report crimes to An Garda Síochána, it re-examines and restructures an important part of the criminal process from the viewpoint of a victim of coercive control while balancing the rights of the alleged perpetrator. It seems very likely to be a very practical amendment to the Domestic Violence Act and is yet another example of the low-key but very effective work done by Senator Vincent P. Martin and his senatorial colleagues in overhauling the Domestic Violence Act 2018, piece by piece. All those involved at the coalface in the family justice system owe them a continuing debt of gratitude.
I commend this Bill to the House.
I thank the Minister for coming to the Chamber. Domestic violence statistics in Ireland are shocking. Some 14% of women experience physical violence in the home and in relationships and 6% of women experience sexual violence in the home, including sexual assault and rape. Almost one in three or 31% experience psychological, coercive control in the home setting. I know more information is becoming available about domestic violence among the LGBTQI community, where there are aggravating and complicating factors. It is all part of a broader, toxic patriarchal power dynamic in Irish society. Women and children are being abused in the family home because the perpetrators are, for the most part, men. In the community and the home, for the most part, people cannot hear their distress. It is a silent but insidious and profound problem. Occasionally, we see that patriarchal power dynamic and toxicity go from behind closed doors to random attacks on the street, as highlighted by the recent case involving Natasha O'Brien. We have to do everything in our power to combat this dynamic. I commend the Bill.
To borrow from Senator Martin and if not to paraphrase JFK but bludgeon his words, some see a Senator and an eminent barrister introduce Bill after Bill to support victims of domestic violence and ask why. I recognise a good man. Not all men stand up or speak out for the rights of others and the rights of women but Senator Martin does as a good man, Senator, lawyer, citizen and partner. I commend him. I am proud to have signed this Bill and others put forward by him. I also commend the Minister, especially for all the work she has done in her time as Minister for Justice in trying to combat violence against women and gender-based violence, discrimination and sexual violence. It is an insidious and awful problem in society. It is experienced in all aspects of Irish society. I have stood up and called it out. I am the parent of a beautiful 20-year-old daughter with whom we have a conversation every time she goes out about how she will get to wherever she is going and how she will get home. I thank the Minister for everything she has done. I commend Senator Martin on his work in this area.
Before I call Senator Horkan, I welcome Senator Casey, his wife Sonia Casey, Betty and John Kenny and Colette Connolly and compliment them because they raised more than €8,000 recently during a coffee morning for local charities. You are very welcome. I hope you enjoy your experience in Leinster House today.
I thank the Acting Chairperson. I thank Senator Martin for introducing this legislation. Fianna Fáil welcomes this debate and does not oppose the Bill. A lot of what needs to be said has been said by Senators Martin, O'Hara and Clonan. I do not want to repeat their points but it is important that we acknowledge what this Bill is trying to do to make it easier for people dealing with this awful topic. Yesterday, we spoke about the Offences Against the State Act, juries, non-juries and so on and that we want stuff to be done in public. At the same time, there are times when the public good is better served by doing it in a different way. Senator Clonan outlined the figures and the percentages are shocking. People are living in fear of physical attack, coercive control, being controlled and sexual assault. We as a society need to go a lot further in education from the youngest age that everybody has to respect everybody, has to understand it is not about controlling people and that people are individuals and must be respected. We must work very hard, which I know the Government and Fianna Fáil as a party are doing, working with external stakeholders on how we change a culture in which there is too much misogyny to a culture of respect. Improvement is needed across the legal system to support victims and their families. I am very interested to listen to the Minister. My understanding is there may be some unintended consequences of the Bill but I am sure they can be worked out between Senator Martin and the Minister and her Department. It is important that these topics are addressed and highlighted. I commend Senators Martin and O'Hara on bringing the Bill forward. Equally, we all have a part to play in educating people and ensuring we do not tolerate any level of violence towards anyone. This is particularly about domestic violence and coercive control, courtroom settings and so on but there is far too much domestic violence and violence in our society. It seems to be more prevalent or perhaps we notice it more. It is not okay. We must all learn to live with each other in a way that does not involve violence. I welcome this Bill and we do not oppose it. I thank Senators Martin and O'Hara and all Senators for their contributions.
I welcome the Minister. I acknowledge the work of Senator Martin and all signatories to this important Bill relating to an area in which the Minister has shown huge interest in her time as Minister for Justice. She came to Galway before Christmas and visited the COPE refuge and the rape crisis centre. She heard from victims of domestic violence and those who volunteer and work in the rape crisis centre. It is an area the Minister has particularly prioritised since she came into the Department. I look forward to her continued work on this issue and her response on the Bill. I recall, when we were in the COPE centre, that I naively asked one of the workers if victims seeking refuge could bring anybody in - a friend, family member - even a sister.
I was told "No" because you do not know who might be there to speak up on behalf of the perpetrator and suggest it was not that bad or is not that serious. Of course, it is serious; they are in a refuge. It is very serious so asking that question was rather naïve on my part but it is good to hear the answer. Even a sister could be close to a perpetrator and, therefore, it is important that there is the solace that it is a refuge for victims of domestic violence. I have heard that statistic from Senator O'Hara about the correlation between old firm games and domestic violence. That a football match - even an old firm one - could be linked to domestic violence is hard to fathom. It is not just in that particular game. I am sure something similar happens in other parts of the world, unfortunately.
I welcome the Bill's measures relating to coercive control, which is unacceptable. Unfortunately, victims are very often behind closed doors living with somebody. That sort of all-controlling relationship is very damaging for the victim and we are talking about the victim here. I commend Senator Martin on his work on this.
I was not going to speak on this issue this evening but as my colleagues would be aware, as a child, I spent many a time with my mother in women's refuges in Ireland, through barring orders and so on. I can give one example. I remember my mother calling the Garda and gardaí saying that this is how Travellers are and this is a family matter. I am talking about 1996 or 1997. Unfortunately, that is how it was back then. As a woman, the Minister has made some positive changes around domestic violence and controlling behaviour so that needs to be acknowledged.
While I support this Bill, I do not think it goes far enough. We need wraparound support for women who have to seek refuge and we need more safe houses. We need refuges where a child or family is not barred because the child is bold, as they might say, or misbehaving. Many children who come from homes where there is domestic violence do have behavioural issues and we need wraparound supports. I remember how during the pandemic, my sister tried to get support but there was little or no support during 2020 to get her into a service along with six children. There are good organisations like Safe Ireland and we have refuges today that try to understand different minority groups but it is also really important that we do not target people and say that this is what happens within the Traveller community. Domestic violence is not part of Traveller culture. This is my second time saying this on the record of the House. It is not part of Traveller culture. Unfortunately, it may be considered acceptable behaviour to a greater degree there than in the general population and I encourage Traveller women to stand up and say "No, this is not acceptable. I don't deserve this" and reach out for supports.
Many women, not just Traveller women, can be put through this abuse again through the courts. Over the past two years, more female judges have been appointed to the family courts. I welcome that but we really need to look at safe places for women and children to go and at wraparound support. I thank Senator Martin for all his work on this Bill, which I support. It gives us an opportunity to look at some issues we need to deal with as a society, namely, refuges and women getting wraparound support for at least six months, not six weeks, when they have probably had 18 years of domestic violence. Having six weeks of support after having had 18 years of being abused for breakfast, supper and dinner is sometimes not enough.
In many cases, domestic violence does not have a class. You can be a really rich woman or a woman of colour and still go through domestic violence. If women have the means and support to be able to get away, in many cases, women from richer communities can do so but women from the Traveller communities and women from poorer communities have little or no financial support to be able to get away. I support the Bill. Any positive measure about combating domestic violence is welcome.
I thank the Minister for coming to the House to address this all-important issue and Senator Martin and the Green Party for bringing forward this all-important Bill. I am very aware of the amount of work the Minister has done in this area. I know that a lot has been done and that the Minister intends doing more as part of the programme for Government. The issue of domestic violence is a serious one. It affects more victims than many believe. One in four women in Ireland in a relationship have been abused by a current or former partner, which is a stark finding. Since 1996, 266 women have died violently. A total of 63% were killed in their own homes, 55% were killed by a partner or ex-partner and almost nine in ten women knew their killer. Those statistics are really frightening. According to the "One in Five" report from Women's Aid on intimate relationship abuse against young women, one in five young women have been subjected to intimate relationship abuse with 51% of young women affected experiencing the abuse when they were under the age of 18. That this occurred at such a young age is really stark.
Domestic violence stems from cultural beliefs that controlling and violating a partner is acceptable, and I know the Minister has done a lot of work about this area; personality disorders or psychological disorders on the part of the abuser; and learned behaviour from growing up in a family where domestic violence was acceptable. Education has been highlighted as being crucial in phasing out beliefs and systems that violate the dignity of victims of domestic violence. I support calls for more education on domestic violence.
Could the roll-out of the third national strategy be escalated? I know a lot of work has been done on it. Could an awareness campaign and an education and training campaign be rolled out in our schools? Senator Flynn referred to refuges. My area in Limerick has two refuges. We were ahead of the curve in that we have ADAPT House, which celebrated 50 years last year, and Thomond House. I pay tribute to the staff who work there for the support they give to people. Some people are there short term but others are there longer term. People have gone there, gone through a support programme, come out the other side and gone back to normal life with the supports. These two refuges do things very well.
I have previously discussed the courts system and domestic violence with the Minister. I have met representatives of the Rape Crisis Centre in Limerick in the past.
A big issue is that people suffering domestic violence in Limerick must go to the court system in Dublin. If they could access courts locally they could go home to sleep in their own beds and they would have family support at home. When they go to Dublin they could end up staying in the same hotel as the perpetrator. They end up having no family or support with them in court, as has been highlighted. If they are within or near their own environment then at least when they walk out the door they know family members are there to support them and be with them. It is very important that we look to using our local court services as much as possible, especially for people who have been subject to domestic violence and other issues.
It would be remiss of me not to commend Natasha who was here yesterday. I certainly condemn what happened to her. Nobody could support what happened to her. I commend her bravery in coming forward to speak of her experience and encouraging other women to come forward. It is very important that we support and encourage women to come forward, especially women subjected to issues such as domestic violence or coercive control. I look forward to hearing what the Minister has to say. I know she has done an awful lot in terms of doubling the sentencing from five years to ten years and with regard to cross-examining witnesses giving character references. A lot has been done and I know the Minister has other ideas and I look forward to hearing them. I commend the Green Party on tabling the motion.
I thank all Senators for their contributions and in particular Senator Martin and all supporters of the proposed Private Members' Bill. It has had a significant amount of support. When we engage on the topics of domestic and sexual violence, coercive control and abuse of women and girls the support is unanimous and the overall objective of all of us is to make our country a safe space for women and girls, in particular making sure the judicial system works for them and with them and does not serve to retraumatise them after so many have experienced a very traumatic situation.
I thank Senator Martin for introducing the Bill and the other work he has done. I have given a commitment to engage with him on the previous Bill and I look forward to hearing his proposals next week. It is important that we look to see how our laws operate and whether we need to change them if they are not working. This is something I have always been very open to when working with colleagues. I look forward to continuing to do so.
Before I turn to the provisions of the Bill I acknowledge the events of the past week, which all Senators have referenced. What they highlight first and foremost is that despite the work done by so many in this House and the other House, by so many organisations and by so many victims coming forward, and despite the efforts to highlight what is an epidemic of violence against women and girls, the very fact that a young woman walking down the street defending another individual who was the victim of homophobic abuse should be so viciously assaulted, and not supported by other men who were there, is absolutely horrific. It shows how far we still have to go. I cannot commend Natasha O'Brien enough for her advocacy, as an individual on that evening and her bravery in coming forward and going through what is a very difficult process in the judicial system, and for speaking up now.
I have said before that while there is frustration at present it is very important that we as public representatives keep the separation of powers and that we protect the system to make sure it is free from political interference. At the same time, we have to look at the system and look at where there needs to be improvements and how we can do this in our roles as legislators, developers of policy and people who have responsibility over the budget, and how we can support and assist victims and make sure the system works for them in the best way possible. We do have safeguards in the system, in the form of the DPP where there are cases and sentences, and it is important to acknowledge the legally-provided safeguard that does exist where a sentence is seen as overly severe or unduly lenient.
The work that has been done has been with the support of the Houses. The maximum sentence for assault causing harm, which we know is what is applicable in many incidents to victims of domestic violence, has gone from five years to ten years to make sure the Judiciary has an increased maximum penalty available. We have introduced stand-alone offences of stalking and non-fatal strangulation and it is important to connect them to the Bill when we speak about coercive control. Even though it has always been the case, it is not that long ago that coercive control was not seen as the horrendous crime it is. The impact it can have on individuals was not acknowledged and neither was the impact of non-fatal strangulation. Unfortunately for victims we know a person is nine times more likely to have an even more severe or potential deathly outcome where there is non-fatal strangulation in an abusive relationship. It is important to acknowledge this and to acknowledge its severity and encourage more victims to come forward.
Stalking is now seen as the horrendous and horrific crime it is and the impact it can have on victims is acknowledged. We need to continue to speak out against what might seem as issues that have always been there and acknowledge their severity. The offence of harassment has been widened to include any conduct that seriously interferes with a person's peace and privacy or causes alarm or distress. It also ensures the protection and identity of victims of harassment and stalking in court.
The Sexual Offenders (Amendment) Act was commenced last year with the support of both Houses to make sure we have a robust system for the monitoring of sex offenders. The first law I introduced was Coco's law to ensure we criminalise those who distribute intimate images without people's consent. We have also looked at harassment and how we can acknowledge that one incident can be as detrimental as multiple incidents. We have other reforms expanding on the restrictions on perpetrators cross-examining victims, as has been mentioned, as well as the preliminary trial hearings that are already there to make sure we take away some of the delays and that we support victims in the run up to trials and make sure some of the difficult issues can be dealt with beforehand.
The zero tolerance approach to this has been a priority for me, and all of society has taken on the objective and goal to ensure there is zero tolerance and zero acceptance of any form of domestic, sexual or gender-based violence and, importantly, the attitudes that underpin it. This is where education is key. The whole-of-government strategy places a particular emphasis on education. We need to make sure at the earliest stage possible in our primary and secondary schools and beyond them, in the most age-appropriate way, that we engage with young people as to what is appropriate in terms of relationships, how we engage with each other, how we respect each other and how we show that respect and dignity, particularly for young men so they are part of the overall education.
Central to the work being done is the Domestic Violence Act, which is the subject of this evening's Private Members' Bill. It came into force in 2019. Among other things it introduced the offence of coercive control. The aim of the domestic violence Bill before the House is to restrict those who can be present during certain court proceedings. The restrictions would apply to the breach of specified orders under the Bill and extends to coercive control proceedings, limiting attendance to court personnel, media representatives and those involved in the case, while other persons could remain at the judge's discretion. It also provides that verdicts in cases of coercive control and breaches of domestic violence orders should be announced in public. I have not opposed this and I absolutely recognise the intention behind the Bill. These are highly sensitive cases that need to be dealt with in the most sensitive manner. Restricting attendance at court means victims are spared in what is often a very personal and a very difficult matter.
The victims of crime Act 2017 contains a suite of measures designed to protect and support victims during the criminal justice process. These include a provision in regard to what we are speaking about today. Section 20 of the Act gives the court the power to exclude the public, a portion of the public or specified individuals from court proceedings. It applies in circumstances where there is a need to protect a victim from secondary or repeated victimisation, intimidation or retaliation, as long as it is not contrary to the interests of justice. It applies this to all victims of criminal offences. It would apply to coercive control. As we explored this Private Members' legislation I want to ensure there is no overlap or if there is a need to amend the legislation I have just outlined because it is not working that we do so. I want to work very closely with Senator Martin to look at the current victims of crime Act, which was set out to protect victims in this instance and all victims of crime including coercive control, and if it is not working in the way it should how, either through this Private Members' Bill or in another way, we amend it or make sure it works in the way it is supposed to.
The most important thing here is that victims are supported and not retraumatised as they go through the system and this is everyone's overall objective here.
Regarding mandating sentences and the requirement that verdicts shall be announced in public, this is not currently a feature of domestic violence cases, which are heard in private. Announcing verdicts in relation to the breaching of domestic violence orders may have consequences. I say this because we are moving to change the situation when it comes to sexual offences to ensure they will be heard in private and not in public. When it comes to sexual offences, therefore, there is a move under way to have the verdicts announced in private. This was a recommendation from the O'Malley report, which was a review of criminal trials involving vulnerable persons or victims of sexual offences. It found that announcements in public could easily lead to the identification of the victim and, potentially, prevent people from coming forward. That report was undertaken via a great deal of engagement with victims, representative organisations, the Courts Service and others.
We have two separate things happening here. It is important to ensure that whatever we decide is done with the best interests of the victims at heart, which is what we all want here, and that we do not in any way prevent people from coming forward. We need to further explore what this process will look like if we do not have verdicts read out in domestic cases and we were to move to do the same with sexual violence cases. How would this approach fit into that context? We need to work together to explore the potential options here and I assure the Senators we will work with them and review this matter.
In the time I have left, because this legislation is going through the House now and will be concluded in the Dáil next week, I note that the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 also contains several key measures recommended in the O'Malley report I just mentioned. The legislation will expand a victim's right to legal representation in circumstances where an application has been to question a victim about his or her previous sexual experience. This is important as a provision. The Bill also seeks to enact recommendations relating to anonymity and the exclusion of the public from sexual offence trials, which I have just mentioned. Provisions that require the sentence or verdict to be delivered in public are being repealed in this instance.
A revised definition of "broadcast and publication" will also cover publication by way of social media to protect the identities of victims. It is extremely important that this is the case when our normal media channels are already precluded from presenting or broadcasting this information. The intention here is to protect victims and ensure there is not a roundabout way of disseminating information through social media. We know this happens all the time now. Somebody gets information and thinks it is okay to present it on social media with scant or no regard for the victims. It is extremely important, therefore, that "broadcast and publication" also covers social media.
The Bill will also contain an important provision in relation to the vouching of character references in sexual offence trials. I commend the work of Senators Doherty, Chambers and Pauline O'Reilly in this regard as well. Members will know that this provision began its life as a Private Member's Bill here in the Seanad. It is so important that we work collectively and that we can work together where Members bring forward positive proposals to ensure they are enacted. During the debate on this issue, Members from across the House lined up to express support, showing there has been great political support for this measure across all political divides to ensure we have a system that protects and supports victims.
At present, if a witness is called to court to provide character evidence, this is given under oath. Written testimonials, however, are not sworn. The new provision will require that where a person has been convicted of a sexual offence, character references presented at sentencing must be made via oath or affidavit. This will ensure that people providing such character references must swear to the veracity of their statements and can be called before the court for cross-examination too. This applies to all offences listed in the Schedule to the Sex Offenders Act 2001.
I will briefly outline some other initiatives that have started to have a positive impact on the overall system and structure but that I believe are part of the reason we saw the figures we did in the Women's Aid report published last week. It was absolutely harrowing to see the level of violence in this regard. I have said this time and time again. If we were to see the level of violence on our streets that occurs in people's homes, we would be talking about it all day, every day. It is an epidemic and it needs to be treated as such. It is very positive, though, that women are coming forward and seeking help. We now have divisional protective service units rolled out across all our Garda divisions. This is to ensure we have gardaí who are specifically trained and specific and safe spaces to enable women and victims of domestic and sexual violence, past or present, to be able to come forward and be supported in the best way possible. A new sexual offences unit has been established in the Office of the DPP as well, acknowledging the importance of its work.
The new professional diploma in intermediary studies in the University of Limerick recently saw 17 people graduate. The endeavour was funded by my Department and this was another recommendation of the O'Malley report. It has been implemented through Supporting a Victim's Journey. Awareness-raising campaigns have been ongoing, particularly the intimate image abuse campaign that arose out of Coco's Law. This makes it clear to all of us, but focusing particularly on younger people, that sharing an intimate image of another person is a serious crime with a serious penalty. Again, this is acknowledging that the way in which young people communicate with one another has changed. Social media platforms can be positive spaces but there are also dangers and this campaign is about making sure that message is broadcast loud and clear. There is also the Always Here campaign that has been rolled out to ensure victims know supports are there. We must, of course, back this up with investment in supports. This is an area I have tried to prioritise. Funding for domestic violence victims and supports for them has increased from approximately €22 million to €59 million in the past three years. I very much intend to ensure that in this upcoming budget funding continues to increase and that it goes directly into the supports and services being provided to victims. Separate from that funding, we must continue to have a budget to develop and roll out new refuge accommodation and safe houses. We have developed a significant number of additional safe houses this year and I am pleased to say the first of the three ongoing projects, in Wexford, will see the new refuge open this year. The projects in Dundalk and Navan are progressing behind that. In the other areas where we know there are no refuges now and that we need to do better, work is progressing in all of them. We have been dealing with an unusual situation in respect of an organisation working on the ground coming forward to seek the development of a refuge. In many instances, this has not happened. We have, therefore, had to look at the entire structure and way in which a refuge can be developed and ensure that if such an organisation is not there, we find one and put in the resources, supports and structures so a refuge can be developed. This is exactly what is being done now, and my Department is working on this undertaking with the Departments of Housing, Local Government and Heritage, Public Expenditure, National Development Plan Delivery and Reform and Children, Equality, Disability, Integration and Youth and the Minister, Deputy O'Gorman.
Finally, and bringing so much of this work together as well, has been the development of a new agency. Cuan is the first and only agency we have ever had whose sole focus is dealing with domestic, sexual and gender-based violence. Its role will be to work with all of us across the sector to implement the zero-tolerance strategy, which is a whole-of-government strategy to prevent, tackle and deal with domestic, sexual and gender-based violence, to support victims and to change the attitudes I mentioned that underpin so much of this behaviour. The agency's work will focus on awareness-raising campaigns, which will underpin its endeavours.
Additionally, an important change in this area will be to ensure we have the facts and figures. We know domestic, sexual and gender-based violence is a massive problem, but we have not collated and brought the data together in a way that is necessary to allow us to really be able to respond in the most effective way possible. The CSO’s sexual violence survey undertaken recently will be followed by a study on domestic violence. These surveys will be repeated every five years to ensure we have the up-to-date data and information we need to change our laws, implement better policy and, above all, protect and support victims. I acknowledge the work of the agency and its chief executive, Dr. Stephanie O'Keeffe. I commit to working with the agency and others in this regard.
I commend Senator Martin and all the Senators here on their absolute commitment to dealing with this issue. On the legislation and the Bill as proposed, I look forward to working with the Senator to tease through some of the matters I have mentioned to ensure we get this right and, where necessary, amend our laws to ensure the system works to support victims who are so brave in coming forward in the first instance. We must, however, do what we can to ensure they are protected and not revictimised and that those responsible are held accountable at the end of the day.
Hear, hear,
I thank the Minister. I call Senator Martin to reply to the debate.
I thank the Minister for being present for the debate. I know she has to leave now because she has been called to a vote in the Dáil Chamber.
The bells are ringing.
I will definitely take her up on her invitation to sit down with her and work out the details of this legislation. I appreciate the work she has done in this area. She is a reforming Minister. I challenge her to live up to her good reputation of open-mindedness and reform in this area, which I know she cares about, for the sake of the victims and their families and relations. Children in these scenarios are either direct or indirect victims and are severely impacted.
Before the end of term, I hope to introduce the amendment Bill. That Bill will ensure that, in coercive control cases, accused people face a tougher bail regime. There are two parts to that. It already qualifies under the significance of the sentence but it is simply not in the bail schedule. It is a simple, self-contained, straightforward legislative amendment that will make a difference. If people do not get bail, perhaps some of them are very dangerous and we will save lives. I look forward to bringing that to our discussion. It is another step that is small but meaningful. The cumulative effect of all these changes protects the most vulnerable and victims.
I put tonight's Bill before the House because victims of coercive control want to be treated the same as other victims of sexual offences and protective orders. They want an overt signal, a guarantee of anonymity, a prohibition of the press and safeguarding of their privacy at this most vulnerable time. They do not want to go searching through an implied provision somewhere. We will discuss this. They want to be put on the same level as others who do not have to scamper to see if it is caught under common law or some legislative provision. I commend the people who brought forward the principal Act, namely, the Domestic Violence Act 2018. That was a monumental, seismic legislative initiative, but the retired Chief Justice, Ms Justice Susan Denham, once described the Constitution as a living, breathing document that evolves. This Act certainly evolves. In fact, it should be overhauled. I really commend the people who drove the first furrow but it is time to overhaul that Act. We know more about the hurt in society and we must respond accordingly.
I think the Minister has to rush to a vote and I want, out of courtesy, to conclude when she is still in the Chamber. I thank her and I thank Members for their kind, encouraging remarks. I appreciate it. They will inspire me to bring in more legislation.
I thank Senator Martin.
Hear, hear.
I thank the Minister. Before I put the question, I welcome to the Public Gallery Senator Mullen and his guests, who I understand have been fellow walkers with Senator Mullen on the Camino at various times. They are all very welcome to Leinster House. I hope they have a nice time. Welcome to Seanad Éireann. Councillor Michael "Moegie" Maher is also there. He is not hiding but is behind somebody else. He is very welcome. I congratulate him on his re-election.
Question put and agreed to.
When is it proposed to take Committee Stage?
Next Tuesday.
Is that agreed? Agreed.
Committee Stage ordered for Tuesday, 2 July 2024.
In accordance with an order of the Seanad of 20 June 2024, the House stands adjourned until 11.30 a.m. tomorrow.
Cuireadh an Seanad ar athló ar 7.03 p.m. go dtí 11.30 a.m., Déardaoin, an 27 Meitheamh 2024.
The Seanad adjourned at 7.03 p.m. until 11.30 a.m. on Thursday, 27 June 2024.