Ivana Bacik (Dublin Bay South, Labour) | Oireachtas source

I move:

That Dáil Éireann: commends the courage of Natasha O'Brien and the powerful advocacy that she has provided on behalf of victims and survivors of violent crime since Thursday, 20th June, 2024;

resolves to address the epidemic of gender-based violence, and the re-victimisation that is experienced by so many survivors as a result of criminal justice processes in some cases that go through the courts;

notes that:

— recent sentencing decisions have caused significant public disquiet, with serious questions about sentencing outcomes for those convicted of gender-based violence, as well as other violent crimes;

— Women's Aid recorded over 40,000 disclosures of abuse against women and children in 2023, an 18 per cent increase on 2022, and the highest ever number documented;

— the Citizens' Assembly on Gender Equality and the Oireachtas Joint Committee on Gender Equality both made several recommendations on improving supports for victims and survivors of domestic, sexual and gender-based violence, many of which have yet to be implemented; and

— despite renewed investment in refuge places for survivors of domestic violence, Ireland is still well below the required provision under the Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the "Istanbul Convention", of one family refuge place for every 10,000 of population, thus needing at least 512 places, well above the planned 280 places that will be in place by the end of 2026, once 150 new units are delivered;

recognises that:

— the Director of Public Prosecutions (DPP) has the power to seek a review of sentences on grounds of undue leniency, and that in 2022 there were 37 such appeals by the DPP to the Court of Criminal Appeal, 30 of which were upheld;

— the principles of separation of powers and of the independence of the DPP are central to our system of justice, but that the Oireachtas must reflect on the issues within the criminal justice system highlighted over the last fortnight;

— the Judicial Council Act 2019 established the Sentencing Guidelines and Information Committee, but much work remains to be carried out to ensure the publication of sentencing guidelines;

— significant policy changes have taken place to address domestic, sexual and gender-based violence, including the establishment of An Ghníomhaireacht um Fhoréigean Baile, Gnéasach agus Inscnebhunaithe, or Cuan, a statutory agency under the remit of the Department of Justice dedicated to tackling and reducing domestic, sexual and gender-based violence, to implement the zero tolerance strategy, but much work remains to be done; and

— following the courageous work of the Women of Honour, a Tribunal of Inquiry is now underway into the complaints processes in the Irish Defence Forces relating to bullying, discrimination, harassment and sexual misconduct; and

calls for:

— a review of the practice of suspended sentences, and the criteria used for applying these to those convicted of violent crimes;

— increased urgency in the development of sentencing guidelines by The Judicial Council, clear guidelines on the use of character references, and a comprehensive database of judicial sentences;

— reforms to the courts system to better protect and support victims and survivors of domestic, sexual and gender-based violence, including provision of effective training for legal professionals and the judiciary;

— consistency in sentencing and provision of access to rehabilitation programmes for perpetrators of domestic, sexual and gender-based violence;

— the introduction of a Commissioner to act as an independent advocate and voice for victims and survivors;

— a review of Irish Defence Forces regulations, in order to deal more proactively with members either accused of, or convicted of, violent crimes;

— increased funding from Government for the provision of additional refuge places, in line with the Istanbul Convention; and

— the Government to provide increased resources in Budget 2025 for Cuan, and a commitment to multi-annual funding for rape crisis centres and other domestic, sexual and gender-based violence service providers.

I am sharing time with Deputy Sherlock.

I welcome Natasha O'Brien to the Gallery. As the Cathaoirleach Gníomhach said, Natasha is here with us today. I know everyone in this House will want to pay tribute again to her amazing tenacity, resolution, courage and honesty in speaking out, not only about the horrific attack she endured in Limerick two years ago but also her experience in the criminal justice and sentencing processes and her fearless advocacy on behalf of the victims and survivors of violent crime. Natasha has done a great service to the country by shining a spotlight on an area of the criminal justice system crying out for reform. I know the Minister agrees that it really needs reform. This is an area of law, and of practice, more importantly, about which many survivors and victims have come forward over the years to speak out about their experiences. Reforms have been made but a great deal more needs to be done to fix a system that simply does not provide sufficient support to victims and survivors.

I had the great pleasure and honour of sitting with Natasha this morning, hearing from her precisely the sort of change she wants to see in the system. In particular, if Natasha does not mind me quoting her directly, the words she spoke were so clear and direct. She wants to see more common humanity in the system. That is what appears to be lacking for many victims in their experiences of going through the criminal justice system. That is what we need to change. Some changes can be made in the law. In this motion brought forward by the Labour Party, we make eight significant calls on the Minister and Government to change practice and ensure a better system that is more supportive for victims.

A cultural shift is also needed to ensure that common humanity is much more evident in the system and that judges and legal practitioners have more sensitivity towards the victims and survivors of crime before them in their courts. There needs to be a fixing of any disconnect between the experience of the victim, as expressed through the victim impact statement, and the impact that has or appears to have on the sentencing decision or outcome in the case. Some of the asks in our motion address that point specifically. I thank Natasha wholeheartedly for her bravery in coming forward, speaking publicly and guiding us as to the areas we need to see change.

We should all be able to expect freedom from violence. This requires a cultural shift. As we go about our business, commuting, working and spending time with friends, we should be able to take for granted that we can do so without fear, including in our homes. An issue Natasha's case highlighted is the real epidemic of gender-based violence, much of it happening behind closed doors in domestic settings in homes. It is deeply unfortunate and distressing that for many people, it is not the reality that they can go about their lives in safety when both in and outside their homes, they are subject to acts of aggression which can have life-altering or even life-threatening consequences. Many of those subject to violence in their homes are subject to corrosive and persistent violence. Even in recent days, since Natasha's case, we have seen reports of sentence decisions related to what one might describe as persistent ongoing harassment, abuse and horrific assault and sexual violence in homes.

The motion Labour Party TDs table today does not seek to engage in a philosophical conversation about the inevitability of violence. Underlying the specific asks we make is a call for the sort of political and cultural change required to reduce and tackle the epidemic of gender-based violence and aggressive violence more generally. We also seek to focus on how the State behaves after a person has been victimised. What should be easier to tackle and what is not inevitable is how the courts deal with victims. I stress the point about humanity and sensitivity. Far too many victims and survivors speak about an experience of revictimisation and retraumatisation through the courts. Of course, primary blame for the impact of violence, the lives destroyed and lives harmed rests with the perpetrator; that goes without saying. Responsibility for what happens next lies with the State, with us as legislators, the Government and all those charged with working in the criminal justice system. We must do better.

Natasha's experience and the attack she endured were utterly horrific. That she has put her head above the parapet takes enormous courage. We are so appreciative of her courage and the courage of some who have spoken out before. I think of Lavinia Kerwick, Jessica Bowes and, more recently, Bláthnaid Raleigh and others, who spoke out about their experiences with the hope that doing so will help us to achieve better supports and a better system for all.

As a woman and a feminist, on behalf of the Labour Party and, I think, also on behalf of all in this House, I restate my thanks to Natasha and the other brave survivors of violent crime. Of course, thanks are not enough. I welcome the Minister's decision not to oppose our motion and, I hope, to support the calls in the motion. The implementation of those calls will be crucial, as will the speed with which the measures we propose are implemented. We need to ensure we close gaps in the law and address flaws in courtroom practice which cause retraumatisation. I worked for many years in the criminal law system. I saw at first hand how ill-equipped aspects of our system are to deal with the reality of gender-based violence and violent crime more generally. I have done a good deal of work over the years with victims and survivors of crime seeking to improve systems and practices. A great deal more needs to be done.

In this motion, we call for a number of practical measures which could be taken to address some of the gaps in the system. We call for a review of the practice of suspending sentences and of the criteria for applying suspension to sentencing decisions for those convicted of violent crimes. For as long as I can remember, when I was in practice, there was concern about inconsistency in the use of suspension and what criteria judges were using. We established the Judicial Council in 2019 with a view to improving consistency. One of our asks is to have increased urgency in the implementation of the measures the Judicial Council has been working on, such as development of sentencing guidelines which we and judges themselves have been calling for for decades.

We need clear guidelines on the use of character references. I note the comments of Mr. Justice Tony Hunt in recent days about the impact character references should or should not have on sentencing outcomes. We also need a comprehensive database of judicial sentences. As many judges over the years have said, it is very difficult for them to establish baseline sentences for offences if they do not have the data on patterns of sentencing. We need more speed in the work of the Judicial Council in doing that. We also need a review of the Irish Defence Forces regulations to deal more proactively with members accused of or convicted of violent crimes. I welcome the Taoiseach's strong commitment in that regard.

Where a sentence is handed down, we see stories of the particulars of a violent crime leave the news cycle but for many victims, the impact is so much longer. Since tabling our motion last week, I have heard from numerous survivors, as I know we all have. I heard from one survivor in recent days with a particular issue which I will bring to the Minister's attention and may speak with her about separately.

The perpetrator was convicted. The victim was subjected to a very violent attack. The perpetrator has been serving a term in the Central Mental Hospital and, as a result, the victim is not entitled to information about release dates. That is something we have improved for victims of violent crime more generally. Where a perpetrator is to be released from prison, information about release dates is provided. There is a gap in respect of Central Mental Hospital detention. We need to address that. I will speak to the Minister about that issue separately. The publicity and Natasha O'Brien's courage in reporting her case has brought to quite a light quite a number of anomalies and that is just one I wanted to raise.

I acknowledge that some very welcome progress has been made on sexual violence. The Minister has led on much of it. New legislation has been passed, there have been moves to implement the O'Malley report and Cuan has been established. However, a great deal more needs to be done. The second part of our motion specifically relates to issues around gender-based violence. Domestic, sexual and gender-based violence is both a cause and effect of gender inequality. The Oireachtas Joint Committee on Gender Equality dealt with a number of recommendations made by the citizens' assembly, some of which are incorporated into our motion today. We were conscious that we have to refer to gender inequality more generally and to patriarchal systems when we speak about gender-based violence. We must look at how the State treats gender-based violence.

We saw shocking statistics from Women's Aid, which are again incorporated into our motion. More than 40,000 disclosures of abuse against women and children were made last year. That is a shamefully high figure representing an increase of 18% on the 2022 figure. Women's Aid also reports that, since 1996, 266 women have died violently in this jurisdiction with 63% of those killings taking place in the victim's home. In more than half of cases where the perpetrator has been convicted, the victim was killed by a partner or ex-partner. We are very conscious of the enormity of the epidemic of not just gender-based violence, but domestic violence, violence by partners and ex-partners and violence in intimate relationships.

Despite this, we are still failing to provide refuge for those victims and survivors who come forward. More than half of domestic violence refuges around the country are full and, as the Minister will know, nine counties remain without any refuge space for women and children. Article 23 of the Istanbul Convention sets out a clear requirement to provide an adequate ratio of shelter places to population. We are falling short of achieving this international standard. Over the years, the Joint Committee on Justice and the Joint Committee on Gender Equality have looked into this issue extensively and there have been many debates in this House but there is still concern that the focus of Government and of the State is not, as it should be, on removing the perpetrator from the home. It is shocking that, in 2024, we still have to provide shelter for women and children who are forced to flee. That is wrong. We should be seeking legal ways to ensure the perpetrator is removed in the first place. However, the reality is that many women and children still have to flee from the family home and they need to have refuge space available.

Natasha said that her experience of the courts system was deeply traumatic. She has spoken about advising others that it may be really difficult to report crime. That is shocking and distressing because it is very important that crimes are reported. A great deal of domestic violence occurs behind closed doors, as does a great deal of the court procedures dealing with such violence. It is therefore vitally important that we hear from survivors about their experiences if we are to make the necessary changes. Our motion seeks to address this issue. It seeks the introduction of a commissioner to act as an independent advocate and voice for victims and survivors. That is something the citizens' assembly called for and that we on the Oireachtas committee also called for in our report of December 2022.

I would welcome a response from the Minister as to how she proposes to implement these measures. As I have said, some have been already recommended for some years now. We also want to hear about multi-annual funding for Cuan. We heard about the need for this from many of the organisations that provide shelters and support for women and children who are victims of violence. We wanted to see increased resources for Cuan in this year's budget but the commitment to multi-annual funding for rape crisis centres and DSGBV service providers is crucial because it would ensure a continuity of service provision for survivors of violent crime, which is really essential.

We have made significant changes. I will finish by referring to some of those positive changes that have been made. The offence of coercive control has been introduced, which is something for which many of us fought really hard in this House and in the Seanad. There is a new definition of "consent" in rape law. These measures have been really important in ensuring better procedures in the criminal courts and better protections for victims but we again need to look at how those measures are being implemented through Garda training and judicial and court training.

We want to look at cultural change. The cultural change that needs to take place to ensure that women are liberated from the fear of gender-based violence is the hardest issue to tackle. The Oireachtas committee and the citizens' assembly looked at a whole range of measures that could tackle cultural change. Crucial to this is education and ensuring that boys and young men are instilled with a sense of equality and do not regard women as objects in sexual terms. There is great concern about the preponderance of porn and the objectification of women through social media. Our report made recommendations as to how to tackle that issue.

We are very conscious that there has been a good deal of focus on culture within the Defence Forces. That was inevitable as a result of Natasha's case. It is crucially important that security organisations such as the Garda and the Defences Forces whose primary purpose is to protect society have robust structures in place to address any sense of a culture in which sexism, sexual harassment or abuse is tolerated. We owe a great debt to the Women of Honour, who brought forward this issue. I know that an inquiry into the culture in the Defence Forces is under way but it falls to us all, women and men, to take a stand against sexism and to tackle any sense that gender-based violence, sexual abuse or sexual inequality can be tolerated within our culture. That is the underlying issue in our motion.

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