Dáil Éireann Debate, Tuesday - 17 April 2018
33. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he will report on the proposed review of rape and sexual offences trials; the terms of reference and scope of the review; and his plans to consider matters such as consent in co-operation with other Departments and legal representation for defendants. [16606/18]
Amharc ar fhreagraThe trying of sexual offences and rape cases has been much discussed in recent times. While some of it relates to a case taken outside this jurisdiction, it is still a fact that the number of cases brought in this jurisdiction from complaint to criminal conviction is very low, at in or around 8%, and that there are deficiencies and problems in how cases are tried. I wrote to the Minister and the justice committee on 29 March to propose that a review be carried out of the manner in which rape cases and sexual offences were tried. The Minister proposed a related initiative. I ask him to outline that proposal in greater detail.
The deeply personal nature of a sexual offence impacts greatly on the victim. The prosecution of such offences must be dealt with in a sensitive manner, with respect for the rights of the accused person and the complainant. Although in a different jurisdiction with a distinct set of court procedures, the recent case in Northern Ireland has, rightly, brought out into the open conversations on consent and the way sexual offences are dealt with in the courts.
I am aware that there have been reports this week on discrepancies in statistics for sexual assaults. I know that An Garda Síochána is working with the Central Statistics Office, CSO, and the Policing Authority to ensure the issues related to crime statistics will be resolved as a matter of urgency.
Much work has already been done to protect complainants in sexual offence cases from any additional trauma arising from the criminal process. There are many existing provisions aimed at supporting the complainant in sexual offence proceedings, including restrictions on public attendance at the trial and press reporting. Complainants are entitled to legal advice and representation through the Legal Aid Board in certain limited circumstances.
An Garda Síochána has introduced measures to ensure complainants will be dealt with sensitively in investigations into sexual offences. Appropriately trained staff have been placed in divisional protective services offices to investigate these difficult crimes. Three of these offices have been established and at least four more will be established this year, with work in hand to expand the network to cover all Garda divisions by the end of next year.
The enactment of the Criminal Law (Sexual Offences) Bill 2017 last year was a significant development of the law on sexual offences, putting in place a statutory definition of consent to a sexual act. The Criminal Justice (Victims of Crime) Act 2017 also has enhanced protections for victims of crime, including victims of sexual offences.
While these developments have been extremely positive, I believe it is timely to take a broader look at the investigation and prosecution of sexual offences to identify any scope for further practical or legislative steps to support victims of sexual offences, while fully respecting the rights of the accused. As I have announced, I am drawing up proposals for such a review which will, of course, involve consultation with relevant stakeholders and take account of other proposals which have been made in this area such as the recent report by an inter-agency group headed by Rape Crisis Network of Ireland on vulnerable witnesses. I am working to finalise the terms of reference of this review shortly. I will be happy to keep the House updated on these matters.
I thank the Minister, but it is important that people outside the House have a clear understanding that this will not be a box-ticking exercise in response to events and that this could end up as being just another report. We must ensure it will be a report that delivers. The number of complaints that proceed to a conviction is about 8%, which is extremely low. The recent revelations on the overstating of the number of sexual offences reported are also very concerning. They were overstated by 26% in 2003 and 6% overall for the 14 years to 2016, which, unfortunately, underlines the fact that there are still issues arising in the management of data by An Garda Síochána. What I want to hear from the Minister is when he intends the report to be completed and what actions he intends to take on foot of it because we need to see the recommendations proceed into legislation once the review has been completed.
In the first instance, I am very keen to consult. I have arranged meetings in the coming days with many of the stakeholders involved, with particular reference to women's groups which have been advocating change for some time. I also intend to meet representatives of the legal profession who encounter the matter of evidence within the courts on a day-to-day basis.
I acknowledge that legislation has recently been enacted in this House, with particular reference to the Criminal Justice (Victims of Crime) Act and the Criminal Law (Sexual Offences) Act of 2017. I am really keen to enact two other pieces of legislation at the earliest opportunity, one of which is the Domestic Violence Bill, on which I have worked with my colleague, the Minister of State, Deputy David Stanton. I believe it can be enacted in its entirety in this House within a few weeks. There is also the Criminal Law (Sexual Offences) (Amendment) Bill 2018, the main purpose of which is to provide for presumptive minimum sentences for repeat sexual offenders. I will shortly bring to the Cabinet the general scheme of a sex offenders (amendment) Bill which will propose a number of amendments to the Sex Offenders Act 2001. In addition, I intend to continue my ongoing discussions with An Garda Síochána in order to resolve difficulties with or remove confusion about the current mode or method of compiling Garda statistics in such a way that it will be transparent and inspire confidence.
The Minister has still not answered what I thought was a relatively easy question, namely, when he intends the process tol be completed. In addition to the review, other actions can be taken before it is completed, given that legislation is passing through the House. Women's Aid has proposed that there be a "no contact until contact is safe" rule arrangement. The Domestic Violence Bill would be an appropriate location for such a measure. If an amendment is brought forward in that regard, will the Government consider supporting it? In recent years there has been some controversy and criticism of the inconsistency in sentencing for sexual offences. I am meeting the Minister this week to discuss the Judicial Council Bill and the Judicial Appointments Commission Bill and I hope he will consider sentencing guidelines in the context of the Judicial Council Bill. That would be appropriate and proper.
Yes. That Bill is before the House and, like a considerable number of pieces of legislation in the justice area. I am anxious to ensure the full co-operation of the House in order that such important legislative measures can be placed in the Statute Book before we rise for the summer recess.
I take on board what the Deputy said about the Women's Aid report. I was not present this morning as I was attending the Cabinet meeting, but my colleague, the Minister of State, Deputy David Stanton, has discussed some very important and sensitive issues that were raised at the meeting. In the context of my deliberations, I am keen to reach out to advocacy groups in order to ensure we can have the best possible supports for women, girls and victims. I intend to do this. I also acknowledge the facilities in place for victims in courts throughout the land. I refer to the multimillion euro Courts Service budget for courthouses, the most recent of which was opened in Waterford.
The standard courtroom facility will now have victim support rooms and suites for vulnerable witnesses. I am keen to ensure that the court is no longer a place of intimidation or discomfort or a strange place, particularly for victims of sexual and domestic offences.
I remind Members that every time they break the time rules, somebody loses out in terms of having a question answered. I ask Members to abide by the rules that we have set down ourselves through the Business Committee because I hate interrupting people.
