Dáil Éireann Debate, Tuesday - 24 May 2022
65. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if she will consider the recommendations made in a report (details supplied); and if she will make a statement on the matter. [25980/22]
View answerAs the Deputy will be aware, the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences arose out of concern about low reporting levels for rape and other sexual assaults and about how victims are treated within the reporting, investigation and trial processes.
The focus on the victim and on reforming the criminal justice process to make the experience as safe and secure for the victim as possible is reflected in each one of the 52 recommendations in the report.
In October 2020, I published and commenced implementation of ‘Supporting a Victim's Journey’, which is a detailed action plan for implementing the reforms that are necessary to ensure a victim-centred approach to the investigation and prosecution of sexual offences.
I am committed to fully implementing ‘Supporting a Victims Journey’ which will address to some extent the matters raised in the report referred to by the Deputy. I would also emphasise that 'Supporting a Victim's Journey' is a living document, and any new action will be considered as required.
The Deputy may be aware that, as part of the reforms I am introducing, the victim will be entitled to their own dedicated legal advice and support throughout the process (not just during the court case) and the availability of legal aid will be extended for this purpose. This will cover legal advice for victims for the duration of the trial, someone whose only role in the case is to advise them.
Provision will be made for the victim to have the same legal representation during Preliminary Trial Hearings and the trial itself if a victim is to be questioned about past sexual history.
I have also set up a number of sub-groups to work on advancing some of the high priority recommendations.
The first of these were tasked with mapping the journey that faces the victim and reviewing the availability of supports and the funding of civil society organisations providing frontline services. This subgroup commissioned an expert consultant to analyse and categorise the supports provided with grant funding made available by my Department.
The consultant identified a) geographical areas and b) categories of victims which represent gaps or unmet needs in the current provision of these support services for victims of crime within the criminal justice system. The consultant completed this exercise in July of last year and my Department contacted identified NGOs to distribute extra funding to provide additional services to address the gaps identified.
Recently I announced funding totalling €4.6m for more than 60 organisations to support victims of crime. This is an increase of over 20% on the previous total fund of €3.8m which was made available in 2021.
The second subgroup is carrying out work on the training of Intermediaries and the establishment of a pilot programme. An academic consultant from the University of Limerick, with the support of the sub-group, has been tasked with developing the framework for the operation and training of intermediaries and will engage with stakeholders in the development of such. I announced the launch of the new qualification programme at the University of Limerick earlier this month. Once training of these intermediaries has taken place, a pilot will take place in two locations; one in Dublin and one in a rural area.
Another subgroup is focused on developing specialist training (legal and otherwise) for the full range of frontline staff and professionals who engage with vulnerable victims, including legal professionals. My Department has engaged a consultant to conduct a mapping exercise to establish what training is already being provided, and in what areas. This exercise has commenced and has a relatively short timeframe for completion so that the next phase of the development work can begin.
Outside of the work of the sub-groups, a number of key actions have been delivered as part of implementing Supporting a Victim’s Journey including:
- The introduction of preliminary trial hearings which will reduce delays and increase efficiency in how our criminal trials are run and will remove some of the uncertainties victims face about potential issues arising after a trial has started. While Preliminary Hearings will not change the fact that a trial is an adversarial process, their introduction should make trials more predictable and help them run more smoothly;
- The nationwide rollout of Divisional Protective Services Units (DPSUs);
- The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions office formally took up their roles last year;
- The establishment of a Victims’ Forum to provide further opportunities to engage closely with frontline organisations who support victims; and
- Work to promote the rights that victims of crime have and the supports that are available to them is advancing, including through the development of a new Victims Charter website www.victimscharter.ie and the distribution of informative printed material to public locations around the country.
In relation to the updates on sexual offences legislation that have been recommended in the O’Malley Report, I have prioritised the drafting of the heads of a General Scheme of a Sexual Offences Bill. Justice Plan 2022 commits to publishing the Sexual Offences Bill later this year. The publication of the journal article referred to by the Deputy, “Towards a Presumption of Victimhood: Possibilities for Re-Balancing the Criminal Process”, written by Mr. Justice Peter Charleton and Orlaith Cross in the Irish Judicial Studies Journal, is a very important contribution to the literature in this area. I can assure the Deputy that the analysis contained in the article and the recommendations made will be fully considered in the context of drawing up the Sexual Offences Bill, which as I have said is a priority.
I am confident that the reforms being implemented as part of Supporting a Victims Journey will create a supportive criminal justice system where every victim of a sexual offence feels that they can come forward confident in the knowledge that they will be supported throughout the entire process, treated fairly and have their dignity respected at all stages.
