Thurles Information

The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 has passed through both Houses of the Oireachtas today.

The Bill is seen as a major legislative step forward in ensuring that the justice system protects and supports all victims of domestic, sexual and gender-based violence.

The Bill contains a number of important measures, including:

1. Ensuring anonymity for victims in all trials for sexual offences.
2. Extend the victim’s right to separate legal representation if they are being questioned about their previous sexual history.
3. Ensure character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on under oath or by way of affidavit.
4. Ensure people subject to military law who commit specified sexual offences will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.
5. Put the new National Referral Mechanism (NRM) for human trafficking victims on a statutory footing.
6. Clear the final obstacles to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

The Bill, once enacted, will ensure anonymity for victims in all trials for sexual offences and will offer them greater protection, as they engage with the justice system, by enshrining their right to separate legal representation if there is an application to question them over their previous sexual experience.

The victim’s right to separate legal representation if there is an application to question them about their previous sexual experience will be extended to include trials for sexual assault, which had not previously been covered under the legislation. The barrister who is assigned to represent the victim at the application will be allowed to continue to represent the victim at the questioning, if the application is granted.

The Bill also provides for the ‘vouching‘ of character evidence in sexual offences cases. This will ensure that where a person has been convicted of a sexual offence, character references presented at sentencing will have to be made via oath or affidavit.

In addition, the new Bill also puts a revised National Referral Mechanism (NRM) in place for identification and support of victims of trafficking. This new approach will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support.

Some victims of trafficking, because of interactions they may have had with law enforcement officials in other jurisdictions, have a perception that police cannot be trusted. This new approach acknowledges other state bodies, outside of An Garda Síochána, as well as Non-Governmental Organizations (NGOs), have a role in identifying victims of human trafficking and referring them to the National Referral Mechanism.

Ms Emily Logan (pictured here left), has been recommending for appointment as the new Police Ombudsman under the Policing, Security and Community Safety Act 2024.

Ms Logan was nominated for the role following an open, competition undertaken by the Public Appointments Service. The Government approved the nomination last week and Ms Logan’s official appointment, by the President of Ireland, is expected to be confirmed, with effect from August 1st, 2024, when her current term of appointment ends.

Career to date:
Ms Logan was appointed to the Garda Síochána Ombudsman Commission in February 2021 having served as Chief Commissioner of the Irish Human Rights and Equality Commission (2014 to 2019). Prior to this, she served as Ireland’s first Ombudsman for Children (2003 to 2014).

In addition to ten years of investigations as Ombudsman; in 2013 she conducted an inquiry under Section 42 of the Garda Síochána Act 2005, into the taking into care of two children from two Roma families by An Garda Síochána.
Ms Logan has over twenty years management experience both in Ireland and in the UK, including Director of Nursing at Crumlin Children’s Hospital and Director of Nursing at Tallaght University Hospital.
She holds an LLM in Human Rights Law (Queens University Belfast), an MBA (University College Dublin) and an MSc in Psychology (City University London).
She is Adjunct Professor (Human Rights Practice) at the Irish Centre for Human Rights, NUIG, and Adjunct Professor at the School of Law in University College Cork.
Ms Logan also serves on the Board of the Independent Police Complaints Authorities Network (IPCAN).

It will be necessary to ensure that there is a seamless transition process between the provisions contained in the Garda Síochána Act 2005 and the Policing, Security and Community Safety Act 2024.

Preparations are at an advanced stage for the commencement of the Policing, Security and Community Safety Act 2024, later this year. Further announcements regarding appointments to key roles are expected to be made in the coming weeks and months.