Pa Daly (Kerry, Sinn Fein) | Oireachtas source

There is no getting away from the enormity of the challenge that faces us in dealing with domestic, gender-based and sexual violence. I recall working in the courts and dealing with quite a few cases where there were breaches of barring orders, protection orders and the like. It was the exceptional case, probably only 5% of cases, that actually went forward to conviction and the giving of evidence. It was only in cases where there was a lot of supports and extra supports given to the person who had made the complaint and who was surviving - if one could call it that - ongoing domestic violence and who was able to come to court and give evidence. There is an enormous challenge there.

As other speakers have done, I pay tribute to all victims and survivors of domestic, gender-based and sexual violence who have come forward in recent times. Their courage and determination in talking about their experience is very admirable, especially those who have done so recently. Women from migrant and Traveller backgrounds experience violence at even greater rates. They experience a double disadvantage. A recent report from the Immigrant Council of Ireland highlighted the vulnerability of migrant women whose migrant status depends upon a husband or partner and who are then faced with the possibility of becoming undocumented, homeless and without means of support. They need even more support.

We in this House should all remember the horrific experience of Urantsetseg Tserendorj. Her death only 100 yards from where the Dáil was sitting in the Conference Centre should also be remembered. Ms Tserendorj was a worker coming home late at night and was the victim of a totally unprovoked assault and was murdered.

We need to look beyond individual cases and names. Last year Women's Aid received the highest number of calls in its 50-year history to its helpline. The Rape Crisis Centre also experienced an increase on the Covid years of 2021 and 2022, years that also had a very high number. I pay tribute to the work done over the years by Catherine Casey in the Adapt centre in Tralee, and Vera O'Leary who has recently retired from the Kerry Rape Crisis Centre after working there for approximately 40 years.

One of the most shocking points is the total lack of data related to this issue. There is no real clarity on whether the recent greater demand on front-line services is a result of greater amounts of violence or greater reporting and disclosure. We have no idea how many go on to report violence to An Garda Síochána and then fall out of the system, and why that is. Conviction rates are difficult to ascertain and sentencing is opaque. Large-scale data on that are still totally absent. The Judicial Council is currently undertaking research to allow it to gather data but it is catching up on the UK's sentencing council and the work done in the UK. This is a matter for the Judicial Council. Anyone who has sat on a joint policing committee will know that it is impossible to find proper statistics, even on a local level, relating to this type of criminality and violence.

The relevant committee of the Judicial Council is made up in the majority by judges but it is a matter of public policy. The annual report of the council has given some information about the published guidelines. It again references the need more data requirements and it notes the data deficit and that research is in the early stages of it. Compare that to the sentencing council in the UK, which is a much larger body, is very active and is a great resource for finding general information about sentencing of all types, of all ages and all genders. We need to provide whatever support is required to ensure that the work is completed. There is a huge need for proper understanding. We all know about the difficulties in legal aid and the shortage in finding solicitors to advocate for people who face this difficulty.

It is important to bear in mind that sexual violence affects more than just women. A recent report from the Dublin Rape Crisis Centre makes the crucial point that there is a worrying trend of a toxic agenda that typifies men as being aggressive, strong, dominant and unemotional. As referenced in the debate last night, however, we need to learn more about the abuser. Men are serving sentences and no work is being done with them to discover why it has been brought up to this point. That work and research needs to be done in the prisons.

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