I move:
That Dáil Éireann:
commends Natasha O'Brien, Bláthnaid Raleigh, the Women of Honour, women in the Football Association of Ireland, and all of the women whose bravery in speaking out about domestic, sexual and gender-based violence has shone a spotlight on this insidious crime and highlighted the need for radical reform;
notes that:
— domestic, sexual and gender-based violence is an epidemic in our society;
— last month, Women's Aid revealed it had received more than 40,000 disclosures of abuse against women and children in 2023, the highest number in its 50-year history;
— a comprehensive and nationally representative Central Statistics Office Sexual Violence Survey, published in 2023, revealed 40 per cent of respondents experienced sexual violence in their lifetime, 52 per cent of women and 28 per cent of men;
— nearly 80 per cent of those who experienced sexual violence knew the perpetrator, while fewer than half told anyone about it;
— the survey also revealed that rates of reporting to Gardaí are incredibly low with just 5 per cent of adults who experienced sexual violence reporting the crime;
— of those who did not disclose abuse to Gardaí, 60 per cent said it was because they did not think the abuse was serious enough, while one-third did not do so because they felt ashamed or embarrassed;
— in 2021, the Dublin Rape Crisis Centre revealed that just 14 per cent of rapes reported to Gardaí actually result in a prosecution;
— in 2022, the Government published the Third National Strategy on Domestic, Sexual and Gender-Based Violence, and said it was adopting a "zero tolerance" approach; and
— in the Dáil, on 25th June, 2024, An Taoiseach, Simon Harris TD, said "We need to have a zero tolerance strategy embedded in everything we do";
further notes that:
— in June 2024, a member of the Irish Defence Forces walked free from court after he received a suspended sentence for a brutal assault on Natasha O'Brien, and the Office of the Director of Public Prosecutions has now appealed the leniency of that sentence;
— after that conviction, the Irish Defence Forces revealed that 68 serving members have been convicted of crimes, or are before the courts charged with criminal offences;
— according to the Tánaiste, Micheál Martin TD, of these 68 "approximately five relate to sexual assault and one is pending", while six cases relate to "domestic incidents or breaches of barring orders";
— on 1st July, 2024, it was revealed that a taxi driver, who was convicted of raping two young women he had picked up in his cab, had separate previous convictions for serious sexual offences;
— in May 2024, Registrar and Chief Officer of the Dental Council of Ireland, Dr David O'Flynn, told the Oireachtas Joint Committee on Health that gaps in the current regulatory framework for dentists meant an unregistered dentist, operating in this jurisdiction despite having a conviction for sexual assault, could not be sanctioned;
— the Dental Council of Ireland have called on successive governments to update the regulatory framework, advising, in a submission to Government in 2021, that "patient safety cannot be assured and patients have been harmed because of this failure to regulate"; and
— counselling and psychotherapy services in Ireland are completely unregulated, with the Minister for Health, Stephen Donnelly TD, advising the Dáil in May 2024, that "it is not possible to say with any degree of accuracy when the professions of counsellor and psychotherapist will be fully regulated";
expresses concern that:
— too often, it takes women speaking out about their own trauma and experience of domestic, sexual and gender-based violence before State institutions or the Government take any action; and
— the slow pace of reform evident in many areas, including the huge shortage in refuge spaces, endemic problems in our criminal justice system, and a failure to regulate, or adequately regulate, a variety professions, despite the Government's professed "zero tolerance" approach to domestic, sexual and gender-based violence; and
calls on Government to:
— update the Dáil on when sentencing guidelines from the Judicial Council will finally be published;
— clarify when the report of Peter Ward SC, into the administration of cases involving Irish Defence Forces personnel charged or convicted of criminal offences, will be completed and published;
— advise when Irish Defence Forces personnel, who have been convicted of domestic, sexual and gender-based violence, will be dismissed;
— review taxi regulations, including the power of An Garda Síochána to revoke or suspend a small public service vehicle driving licence, the operation of those powers, and whether they are sufficient;
— update the Dentists Act, 1985, so that the Dental Council of Ireland will be able to, among other things, sanction unregistered dentists operating in Ireland despite having convictions, including for sexual assault;
— introduce regulations for counselling and psychotherapy services, which many vulnerable people rely on;
— increase refuge spaces, so that Ireland is in line with our obligations under the Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the "Istanbul Convention", include the numbers staying in women's refuges in the homeless figures, and increase the provision of secure alternative housing for those in refuges; and
— explain how a failure by Government to review, introduce or update professional regulations, over many years, is evidence of a "zero tolerance" approach to domestic, sexual and gender-based violence.
At the outset I acknowledge Natasha O’Brien, who will be in the Gallery today. Natasha and Bláthnaid Raleigh are two incredibly brave women. Their courage in speaking out has been an inspiration to so many. Their demands for justice and reform are not just being heard in this Chamber, they are being heard in hundreds and thousands of homes all over the country, homes in which other girls and women who are living with violence or abuse or have suffered violence and abuse now do not feel so alone. We know they are not alone. In fact, they are in the majority because most women have experienced sexual harassment or violence and every day they are primed for it. They know the cold dread of hearing heavy footsteps speed up behind them when they are walking home alone at night. They know the sense of embarrassment and discomfort when senior male colleagues act inappropriately. They know the anger and humiliation of being aggressively groped in a busy street or pub. They know the feeling of rising panic when they find themselves trapped in a room with a man whose demeanour has suddenly shifted. Most of the women listening to me now will have experienced at least one of those situations. Many of them will have endured them all and others many more. These are countless disquieting and alarming encounters that chip away at women’s safety and sense of security. Sexual violence is an epidemic and always has been.
We had another reminder of that at the weekend, with the shocking story of abuse in the FAI in the 1990s. I take this opportunity to commend those women and their immense courage, too. What they endured when many of them were just teenagers was wrong and profoundly damaging and they suffered through it alone because they thought they were the only ones. That is what abusers do - they isolate, undermine, bully and threaten. They view women as either their property or objects and treat them accordingly, with contempt and cruelty. Victims feel alone but abusers often do not. Some, like Cathal Crotty, will even boast to friends on social media about inflicting an attack. I do not think we will forget his words: “Two to put her down, two to put her out.” Others will gloat about their hatred for women online. They do not even need to go to the dark corners of the Internet to do that any more. They can just go to X, formerly Twitter, where misogyny and hate speech are now part of the branding.
Our society, culture and institutions are steeped in violence against women and we know that changing that will not be easy. Women like Natasha, Bláthnaid, the Women of Honour and the women in the FAI who are speaking out about this issue are doing incredible work to drive change but there is only so much they can do. There are steps when it comes to legislation and regulation that can only be taken by the Government. No one else can do it, so why has it not been done?
Why does a zero-tolerance approach so often seem like a zero-effort approach? Take regulations for counsellors and psychotherapists, for example. We have known for years that this entire sector is a wild west with zero regulations, leaving vulnerable people open to abuse. To add insult to injury, the notes from that unregulated sector can be used against victims in court. The health Minister admitted to the Dáil the other week that he had no idea when regulations would be introduced. Does he care or does he view it as the next Minister’s problem?
Similarly, the Dental Council has been pleading with successive governments for many years to strengthen protections for people. As it stands, a dentist with a conviction for a sexual offence can set up shop and practise and the Dental Council is powerless to stop them. We know this because it has already happened, but still the Government does not act.
The issue of taxi regulation is of huge concern. I think everyone in the country has been repulsed and horrified by the case of Raymond Shorten. Having already been convicted of raping two women in his taxi, we learned this week that he has also faced trial for the rape of a child. This serial predator is now facing sentencing later this month. That is a matter for the courts, but the regulation of taxi driver licences is a matter for this Government. Gardaí regulate taxi driver licences and have the power to revoke licences in certain circumstances. The question I and many other women have is whether those powers are strong enough. We know that a disqualification from holding a licence can arise if drivers are convicted of certain crimes, such as rape and sexual assault, while disqualifications for certain periods can arise on conviction of other offences. Is the list of those offences as comprehensive as it should be? When is the last time they were reviewed? Is it something that is done regularly as new laws are enacted? For instance, is stalking included in the list of offences that merit a full or partial disqualification? I could not find it.
There is another issue with the regulations. They do not include a provision to suspend a licence if a driver is charged with a serious offence. This means it is possible for somebody to be facing serious sexual charges and simultaneously working as a taxi driver picking up women on their own as they are trying to get home. The Taoiseach has said the Government is open to reviewing these regulations. Is this something the Government will do? If so, how long will that review take and when will the Minister publish it? This needs to happen as a matter of urgency.
We hear more about women being told not to walk home at night than we do about men not being told not to rape and assault women who are walking home alone at night. When women are told that if they are alone and attacked they should have been more careful, many women opt to take a taxi even if they are going a short distance. The thought they could be getting a taxi with a sex offender is unthinkable. It is our job to ensure that does not happen.
Regulation of the Defence Forces is also the responsibility of the Government. Cathal Crotty has now been dismissed, but why are other members of the Defence Forces with similar convictions still serving? Why have they not been sacked? Why do we need a senior counsel to review this very obvious disparity? The Defence Forces clearly have the power to dismiss members convicted of violent crimes. Why has it only used it in this instance after enormous public backlash? It has all the hallmarks of an organisation which is already beset by sexual abuse scandals acting reactively in response to public anger. The judge-led review following the Women of Honour report found:
at best, the Defence Forces barely tolerates women and, at its worst, verbally, physically, sexually and psychologically abuses women in its ranks.
The latest damning incident has done little to dispel that characterisation.
There are also other areas in which the Government can and must act. Why are we still waiting for legislation to ban the practice of some landlords demanding sex in lieu of rent? My colleague Deputy Cian O'Callaghan published legislation to ban it more than two years ago. The Government took issue with the Bill but has failed to produce its own.
Another major failure of this Government and previous governments is the failure to provide sufficient refuge spaces. Nine counties are still without a single refuge space and over half of the existing domestic violence refuges are full. Meanwhile, many of them have been operating at 100% capacity for years. We hear over and over again about horrific instances in which women are left with no choice but to stay with or return to abusive partners because the only alternative is homelessness. The Government’s solution, this zero-tolerance strategy, is to double the number of refuge spaces to 280 by 2026 even though the Istanbul Convention, which Ireland finally ratified in 2019, requires us to have 675.
Then the Government calls it zero tolerance. This is what we mean when we refer to zero tolerance as an empty phrase from this Government because I cannot find evidence of it in any sector, society or Government policy. Zero tolerance is not present in our courts system where violent offenders routinely walk free with a slap on the wrist. It is not present in our regulations in the taxi, counselling or dentistry sectors. It certainly is not in place in the Defence Forces. Will the Minister tell me and all the women watching where we can find it? Given that the Government is not opposing our motion, will she Minister tell us if she will implement what we have suggested?