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Dáil
‹ An tOrd Gnó - Order of Business

Judges and sexual violence reform

Summary

Deputy Coppinger raised a court case involving a suspended sentence in a sexual violence case and pressed for action, including judge training. The Ceann Comhairle ruled out commentary on the case, and the Minister for Justice said existing and pending legislation, including the Judicial Council Bill, addressed the issue.

After the Belfast so-called rugby rape trial, the Minister came to the Dáil and promised major legal changes on the issues of sexual assault and violence. Yesterday, we read that in this State in our courts a woman who was asked to have sex said "No". She was grabbed in her garden, pulled into her own house, dragged up the stairs and her jeans were forcibly removed. She was hit across the head twice. The man receives a suspended sentence. We have the same problems in this State.

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We cannot become involved in this House in commentary on a court case.

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The point I am leading to, a Cheann Comhairle, is the legislation.

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We cannot become involved in this House in commentary on a court case.

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If it is of public interest, we certainly can, a Cheann Comhairle.

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All these matters-----

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Every woman in this country is wondering why that can happen.

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Deputy, please resume your seat. There is a separation of powers in this State. We cannot become involved in commenting on court cases.

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We can ask the Minister for Justice and Equality when there will be training in this State for judges who can come out with a statement to the effect that feelings were running high after a marriage break-up as an excuse for giving a man a suspended sentence. The most dangerous time for a woman is when she leaves a relationship. This woman did everything right. She left a violent relationship and she had a protection order in place.

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Thank you, Deputy. Your time is up.

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She took a court case and got no justice. What is the Minister for Justice and Equality going to do about it?

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I acknowledge your view on this, a Cheann Comhairle, and I fully agree with it. I remind the Deputy that there are five tranches of legislation germane to the issue she has raised. Two were enacted earlier this year, namely, the Domestic Violence Act and the Criminal Justice (Victims of Crime) Act, both of which were long outstanding and are most reforming in nature, ensuring that victims of crime and vulnerable witnesses are fully protected.

I point to two Bills before the House that, with the co-operation of the Deputies opposite, we will have enacted before Christmas. I point to the review, as promised by me in the aftermath of the Belfast rape trial, which is being overseen by a group under the chairing of Professor Tom O'Malley from NUI Galway, a considered expert in the area of practice and procedure on the treatment of vulnerable witnesses. I expect that report to be completed in its entirety by the end of this year, whereupon the recommendations can be discussed by the House. I am keen to ensure that our legislation is fully updated and that resources are made available to victims of crime.

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On the matter of training or otherwise, I point the House to certain aspects of the Judicial Council Bill, which is before the Seanad.

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