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Dáil
‹ Ceisteanna ó Cheannairí - Leaders' Questions

Sexual violence and taxi regulation

Summary

Deputy Cairns raised sexual and gender-based violence, including criminality within the Defence Forces and the need for stronger protections for women using taxis. The Tánaiste outlined the Government’s zero-tolerance strategy, Cuan, and existing professional regulations, saying taxi regulation should prevent convicted sexual offenders from driving and that regulation could still be strengthened.

Deputy Holly Cairns, please.

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Everyone in this House agrees that sexual and gender-based violence is an epidemic. No part of society or sector is immune. We all know that tackling it and eradicating it is not easy. Sometimes, however, it seems like the State is not even trying. Let us take, for instance, what is happening in the Defence Forces. We know that 68 members of the Defence Forces either have been convicted of crimes or are before the courts charged with criminal offences. It is bizarre that we need to appoint a senior counsel to tell us that Defence Forces personnel who are convicted of serious crimes like sexual offences should not be serving, but that is apparently what the Government proposes to do. That is not an approach that screams zero tolerance. The reality is that we do not see much in the way of zero tolerance outside of it just being a slogan. It is hard to find evidence of a zero-tolerance approach anywhere.

We learned this week that a Dublin taxi driver, Raymond Shorten, convicted of raping two young women had previous convictions for sexual offences. One of his victims said she thought she would be safe when she hailed a taxi. That is what we are told is the safe option. The reality was that she had got into a vehicle being driven by a serial predator. Why did he have a taxi licence? Why did the regulator not act? How many other taxi drivers have similar convictions? Do we even know? At least the regulator, the National Transport Authority, NTA, actually has powers to disqualify taxi drivers convicted of serious crimes. The question is: is the NTA using them or do those powers need to be enhanced?

This is not the case in other professions. The Dental Council of Ireland has been begging successive Governments for years to give it powers to take action against rogue dentists, but nothing has been done. We know that at least one dentist convicted of sexual assault was able to practise in Ireland because the regulator had no power to stop them. Those powers still do not exist and those powers can only be given to the Dental Council by the Government.

Counselling services are also a wild west when it comes to regulation. The reality is that there are none. Vulnerable sexual abuse victims will often seek counselling support. They are exposed to unnecessary additional risk because of the complete absence of regulation.

The Tánaiste said last week that any member of the Defence Forces charged with sexual assault or rape would be put on immediate leave. Did that happen? How many Defence Forces members were suspended? Does he also believe that taxi drivers, dentists, counsellors and members of other professions who have close contact with members of the public should be similarly suspended when facing serious sexual offences and, if so, is he going to do anything about it? Has anyone in government written to the NTA about the Raymond Shorten case? Does he know why that predator had a taxi licence? When will the Government do more than talk about zero tolerance and give professional bodies, such as the Defence Forces, the Dental Council and others, the power they actually need to make zero tolerance a reality?

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I thank the Deputy for raising this issue. The Government published in 2022 a five-year zero-tolerance strategy and has established Cuan, the agency which we agreed with all involved in the sector would deliver on this ambition. It has an overall budget of €59 million for 2024. I pay tribute again to Natasha O'Brien and Bláthnaid Raleigh and others who have come forward to tell their stories. More and more, the focus has to switch more to the victim's journey in the criminal justice system. The O'Malley report identified significant improvements that could happen in respect of the victim's journey through the entire criminal justice system. In Bláthnaid Raleigh's case, five years of her life were suspended, in essence, before justice could be served. That is too long. There are very serious issues with that entire system in alleviating and reducing trauma and ensuring the trauma is not prolonged.

This is not just all talk. Members on all sides of the House have families. Some are married; others are not. Some of us find it incomprehensible that men can visit such violence upon women. The nature of the attacks we have witnessed are absolutely appalling. We have discussed this as to what is happening with our younger population in terms of their access online to a whole range of materials which could either reflect brutalising attitudes or create new attitudes. These are fundamental issues that society collectively has to work on. The Government has the major responsibility, which I accept, in dealing with this issue, but it is multifaceted.

The Deputy referenced the Defence Forces. The 68 cases do not all relate to gender-based violence. Approximately six cases relate to domestic incidents or breaches of barring orders, and approximately 24 cases relate to assault generally. Approximately five relate to sexual assault and one is pending. In respect of any conviction, even before an appeal is heard, I did make an instruction, and that has been followed through, because there was an inconsistency in application of the local leave mechanism.

However, they are all on local leave. I just wanted to make sure there was no doubt about that. I have to make the point that not all 68 are in that category. While I do not mean to distinguish them in any way, as those in society who are charged with protecting society, there is a special onus on the Defence Forces and An Garda Síochána and we have to apply certain standards.

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I can only presume from his reply that the Tánaiste did not understand the question or the contribution that I made in the first instance so I will do my best to explain again. We hear more about women being told not to walk home alone at night than we hear about men being told not to assault or rape women who are walking home alone at night so many women decide to take a taxi. The thought that the person driving that taxi could be a convicted sexual offender is the stuff of nightmares for women. I am asking the Tánaiste about regulation in that sector through the NTA. I am asking about regulation for dentists. This is something the Social Democrats raised in our latest Private Member's motion and nothing has been done. I am also asking about regulation in the counselling sector. The Tánaiste has not touched on a single one of those issues in his reply. I know that the issue is multifaceted. The Tánaiste says that the Government takes an overall approach. The Government is the only thing that can give those overarching bodies the power to suspend people who have committed offences like that. That is what I am asking the Tánaiste to look at. Will he please respond to it directly? Will he also tell us the number of people who have been suspended from the Defence Forces?

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The Deputy has this tendency to suggest in a very self-righteous way-----

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Come on, you have been asked about regulation.

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Just answer the question. You cannot keep on waffling.

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Through the Chair please.

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Stop dodging the question.

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She has a tendency to suggest in a very self-righteous way that everybody else in the House has a somehow inferior approach to what is a very fundamental issue for all of us.

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She asked the Tánaiste to answer the question.

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Is this Leaders' Questions or is the Tánaiste just commenting on the Deputy?

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I will deal with the question.

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Will the Deputies pleases let the Tánaiste answer?

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Blame the person.

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Deputy Cairns raised the issue of the Defence Forces and I answered on the Defence Forces. She said that it was all talk on this side of the House. I made a response, which I am entitled to make, that it is not all talk. I acknowledged that every Member in the House has a shared objective and I outlined what the Government is doing in response to the Deputy's assertions that it is doing nothing. That is a fair response.

On regulation and the Dental Council, a dentist convicted of sexual assault cannot continue in dental practice.

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That is not true.

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That is the case. Come on. In the past, I have seen investigations into horrific child abuse in respect of dental practice.

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There is no question but that the taxi regulator should have a role in ensuring that no rogue taxi driver, particularly a taxi driver involved in sexual assault, can ever drive a taxi again.

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While I will not go into any individual case, in my view, any taxi driver who has committed an assault should be in prison.

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It is not about the Tánaiste's view. This is his responsibility.

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Across society, we have regulated extensively.

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There is no regulation in the Dental Council.

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We have regulated extensively. With regard to the Medical Council and the Dental Council, we will continue to see if we can enhance that regulation.

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