Dáil Éireann Debate, Thursday - 29 November 2018
1. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of the review into the conduct of rape trials that he announced in June 2018; and if he will make a statement on the matter. [49980/18]
View answerI will abide by the Acting Chairman's instruction. Last June the Minister directed that there be a review of the way in which rape trials are conducted in this State. He sought this review in the aftermath of a very prominent trial that took place in Northern Ireland. He made the good decision to select Dr. Tom O'Malley to conduct the review. Has the review been completed, where is it and when will it be published?
The review is at an advanced stage and nearing completion. It is vitally important that victims of sexual assault feel able to report matters to An Garda Síochána. It is equally important that complainants in sexual assault cases are spared any unnecessary distress in the investigation and prosecution of such offences and cases.
As Deputy O'Callaghan noted, a review of protections for vulnerable witnesses in the investigation and prosecution of sexual offences is well under way. The review will examine the entire legal process surrounding sexual offences, from the initial reporting of an offence through to the end of any court proceedings. The review concerns in particular the treatment of complainants and vulnerable witnesses throughout this process.
Terms of reference for the review have been published. The review is examining the adequacy of the mechanisms available in law and in practice to protect vulnerable witnesses in the investigation and prosecution of sexual offences, including access to specialist training for An Garda Síochána, members of the Judiciary and legal professionals dealing with sexual offences; practical supports for vulnerable witnesses; the provision of additional legal supports to witnesses during court processes; measures in place to protect vulnerable witnesses during evidence; and restrictions on attendance by members of the public at, and media reporting on, trials of sexual offences.
The working group is having regard to research published in this area, submissions from victims' organisations, representatives of which I have met, and individuals and will carry out consultations with relevant stakeholders, including the legal professional bodies.
The impetus for this review arose from a round of consultations I had with non-governmental organisations, NGOs, in April of this year. I met representatives of NGOs, including Rape Crisis Network Ireland, the Dublin Rape Crisis Centre, One in Four and the National Women's Council of Ireland and I acknowledge their submissions and their assistance on this matter.
The Minister will have an opportunity to come back in.
The Government needs to strengthen public confidence in the prosecution of rape and other sexual offences. Unfortunately, it is the case that some damage has been done to public confidence in these very important prosecutions. The Government needs to concentrate on a number of specific areas. First, we in this House and the Seanad introduced a new definition of "consent" last year. This needs to be further advanced in order that the public be made aware of it. Second, we in Fianna Fáil put forward in legislation the proposal that we should have a system whereby when complainants make complaints, they are given some support by way of a solicitor funded by the State and available through the auspices of, say, the local rape crisis centre, which could advise them as to what will be involved in making that complaint and in the trial process. Very many complainants find the process harrowing. Obviously, any criminal trial will be an adversarial process and will be difficult for individuals, but we can provide greater levels of support. I ask the Minister to consider this in the review.
I thank the Deputy for his co-operation.
I agree with the bulk of what Deputy O'Callaghan has to say and acknowledge his expertise in this matter. I am very keen to listen to what all Deputies have to say on this important issue because it is essential we have appropriate legal protections available to complainants. I acknowledge again the work, assistance, guidance and leadership of many of the non-governmental organisations on these important issues and thank them for their input. It is expected that the working group, or the review group, to which Deputy O'Callaghan referred earlier, will provide me with a final report early next year. I do not wish in any way to pre-empt the outcome of the review but I look forward to its recommendations and would be happy to share its contents at a very early date with Members of the House and perhaps the justice committee.
There are certain steps the Government can take that would make it easier for complainants. For instance, the Minister was recently on television with Leona O'Callaghan, a complainant and a victim of serious rape who deserves to be commended on coming out and speaking publicly about it. What she said was the most harrowing aspect of her time before the courts was the length of time it took for her case to come before the courts. She said it took four years. The State can deal with this factor. We can speed up the process of the investigation and indeed the prosecution of these offences.
We can better resource the Office of the Director of Public Prosecutions so that files can be considered and decisions can be made more promptly. A complainant, and indeed an accused, should not have to wait for a number of years before a decision is made as to whether or not there will be a prosecution. A trial is a difficult process. We have to try to make it easier for complainants while not interfering with the fact that there is a presumption of innocence and that an individual can only be convicted of a criminal offence if it is proven beyond all reasonable doubt.
I am concerned about the specific issue of delay and the time lapse from the date upon which a complaint is initially reported to the matter appearing in court. This is an issue that is being looked at by the review group, and I do not wish to pre-empt its findings, but I want to acknowledge that there have been significant improvements in the manner in which victims are treated within the criminal justice system. The improvements include the facilities in place for victims in courts. It is absolutely essential to ensure that those people, women and vulnerable witnesses in particular, who have a complaint to make have confidence in the system and that they get the distinct feeling that the system and the State is very much on their side. I acknowledge the importance of the standard courthouse design guide which improves facilities for complainants and vulnerable witnesses. I also acknowledge the protections available through the Legal Aid Board, for example, which provides advice and guidance to vulnerable witnesses. I look forward to further engagement, when we will have more time to discuss these important issues.
