New legislation that strengthens the law around sexual offences and improves protections for victims of sexual offences has commenced, beginning from on 31st August last.
Wide-ranging Act delivers on key reforms in the strategy ‘Supporting a Victim’s Journey’ to improve the criminal justice system for victims of sexual offences.
Character references must now be given on oath or via affidavit in sexual offence trials.
An Garda Síochána and civilian courts will investigate alleged sexual offences in Defence Forces.
Preparations underway for the new National Referral Mechanism (NRM) for victims of human trafficking .
Parts 1, 2, 4 and 5 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 have commenced which:
Ensures anonymity for victims in all trials for sexual offences.
Extends the right to separate legal representation to victims of sexual assault if they are being questioned about their previous sexual history.
Ensures character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on oath or via affidavit.
Ensures people subject to military law who commit sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts rather than by courts-martial.
Clears 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.
This legislation delivers on key recommendations in the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences which underpins the Government’s strategy – ‘Supporting a Victim’s Journey’ – to improve the criminal justice system for victims of sexual violence, predominantly women and children while fulfilling commitments to a ‘Zero Tolerance’ Strategy to tackle domestic, sexual and gender-based violence (DSGBV).
This new legislation protects the privacy of victims in court. It strengthens measures that protect victims from re-traumatisation and re-victimisation, as they engage with the justice system during the investigation and prosecution of sexual offences.
The legislation ensures anonymity for victims in all sexual offences trials. It also provides for the anonymity of an accused person, unless and until he or she is convicted of a sexual offence.
The public will be excluded from the courtroom for sexual offence trials and the definitions of “broadcast” and “publication” is revised, so that publication on social media is covered in order to protect the victim’s identity.
The victim’s right to separate legal representation, if there is an application to question them over their previous sexual experience, is now 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 is allowed to continue to represent the victim at the questioning, if the application is granted.
The new legislation also implements recommendations by the Defence Forces Independent Review Group (IRG). The IRG recommended amendments to the Defence Act 1954 to ensure that persons subject to military law who commit sexual offences in this jurisdiction will be dealt with by An Garda Síochána and the civilian courts – rather than by courts-martial.
Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
A number of significant pieces of legislation had to be passed to ensure that Ireland is in compliance with the obligations of the Second Optional Protocol to the UN Convention on the Rights of the Child. The enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 constituted key steps on the pathway to the ratification of the Optional Protocol.
The Office of the Attorney General advised that in order to overcome one of the last obstacles to ratification, section 3 of the Criminal Law (Sexual Offences) Act 2017 needs to be inserted into the Schedule to the Sexual Offences (Jurisdiction) Act 1996, to provide for extraterritoriality. Section 3 of the 2017 Act creates an offence of obtaining or providing a child for the purposes of sexual exploitation and its addition to the Schedule of the 1996 Act will allow it to be prosecuted where some or all of the offence is committed outside the State. In addition, the Protocol is being added to the list of international agreements to which the Criminal Justice (Mutual Assistance) Act 2008 applies, so that mutual assistance can be provided to Convention states in accordance with the Protocol. The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 provides for these amendments thus removing the remaining obstacles to Ireland’s ratification of the Protocol.
Ratification of the Second Optional Protocol will be a matter for the Minister for Children, Equality, Disability, Integration and Youth.
The legislation will also clear the path for Ireland’s ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.
Human Trafficking.
In addition, Part 3 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 provides the legislative basis for a new National Referral Mechanism (NRM) for victims of human trafficking. An NRM, (as defined by the European Commission and OSCE), is a framework through which States fulfil their obligations to protect and promote the human rights of trafficking victims, working in partnership with civil society.
Ireland’s new NRM will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation, and support.
Given the importance of this section of the Act, the preparatory work for the commencement of Part 3 is continuing, as a priority, and is expected to be completed by the end of this year.
Pre-deceased by his parents Ned and Alice, sister Mary, brothers Paddy, Jimmy and Joe, Mr Kiely passed away peacefully while surrounded by his family, at the Wittington Hospital, London.
His passing is most deeply regretted, sadly missed and lovingly remembered by his sorrowing family; sons Colin and Ian, sister Anne (Queally), Urlingford, brothers Kieran, Eddie and Martin, sisters-in-law, nieces, nephews, extended relatives, neighbours and a wide circle of friends both here in Ireland and in the United Kingdom.
Requiescat in Pace.
Funeral Arrangements.
Mr Kiely’s funeral service, followed by his cremation has already taken place in London.
The extended Kiely family wish to express their appreciation for your understanding at this difficult time, and have made arrangements for those persons wishing to send messages of condolence, to use the link shown HERE.
Following successive years of falling vocations due mainly to the retirement of priests, the Diocese of Killaloe has been buoyed by the news that three men from counties Tipperary and Clare will enter the seminary at Maynooth, later this month.
Vocations Director Fr Ignatius McCormack pictured at St Flannan’s College in Ennis.
For the first time in two decades, three vocations have been recorded in one of Ireland’s largest dioceses, where just over half of the 58 parishes are currently served by a resident priest.
The Diocese of Killaloe, last year, launched a vocations promotion in parishes across Tipperary, Clare, Laois, Offaly and Limerick to coincide with the ‘Year for Vocations to the Diocesan Priesthood’. The promotional campaign has so far visited two thirds of the parishes and will continue into 2025.
Welcoming the news, Bishop Fintan Monahan (Bishop of Killaloe Diocese) said, “As the third largest Diocese in the country, it has become increasingly difficult to maintain full cover across the five counties, due to retirements and a lower number of vocations. I am delighted that we have been successful in reaching those who had been considering a vocation and helping them in making the next step.”
Vocations Director Fr Ignatius McCormack has visited some 60% of parishes in the Diocese over the past 12 months and will be undertaking visits to remaining parishes, over the coming months.
Fr. McCormack, (Principal of St. Flannan’s College) in Ennis Co. Clare, said, “Our vocations initiative is aimed at encouraging people to discover more about vocations on the Diocesan website. Meanwhile, our parish church visits have helped to kickstart conversations within family groups, with local priests and in communities across the Diocese on the vocation of priesthood. We are very hopeful that we can build on the progress made since we launched our Vocations drive last year and are encouraging anyone who feels they have a vocation to the priesthood, to reach out and talk about their vocation with their family, friends, local priest or with me,” he added.
Pre-deceased by her parents Bridget and Timmy (Ryan), brothers Liam, Larry, Connie and Gerald; Mrs Croke passed away peacefully, surrounded by her loving family.
Her passing is most deeply regretted, sadly missed and lovingly remembered by her sorrowing family; husband Tommy, daughters Beatrice and Siobhan, sons Philip, T.P., Thomás, Declan, Donal and Justin, 21 grandchildren, 11 great-grandchildren, son-in-law Thomas, daughters-in-law Mary, Naoko, Joanne, Josie and Nora, brother John and his wife Joan, sister Mary and her husband Johnny (Egan, Thurles), nephews, nieces, brothers-in-law, sisters-in-law, extended relatives, neighbours and a wide circle of friends.
Requiescat in Pace.
Funeral Arrangements.
The earthly remains of Mrs Croke will repose at Hugh Ryan’s Funeral Home, Slievenamon Road, Thurles on tomorrow afternoon, Tuesday September 3rd, from 5:00pm until 7:00pm. Her remains will leave her place of ordinary residence on Wednesday morning, September 4th, to be received into the Church of Our Lady and St. Kevin, Littleton, Thurles at 11:00am, to further repose for Requiem Mass at 11:30am, followed by interment, immediately afterwards in the adjoining graveyard.
For those persons who are unable to attend the funeral service for Mrs Croke, same can be viewed streamed live online, HERE.
The extended Croke and Ryan families wish to express their appreciation for your understanding at this difficult time, and have made arrangements for those persons wishing to send messages of condolence, to use the link shown HERE.
Civil Orders To Prevent Stalking And Protect Victims Introduced.
A new law comes into effect today (Monday September 2nd 2024) that will allow for someone who has been subjected to stalking behaviour, to apply to the District Court for a civil order to prohibit such behaviour continuing.
This was introduced by Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023 Act which was first signed into law by President Michael D. Higgins in July 2023.
Part 5 of that Act introduces a new system of civil orders designed to prevent stalking and protect victims, Same represents an important first step in addressing stalking behaviour, by allowing for earlier intervention without requiring the level of proof needed to secure a criminal conviction.
Under this Act, an affected person, or a member of An Garda Síochána acting on their behalf, can apply to the District Court for an order prohibiting another person from engaging in relevant conduct.
This new approach extends protections currently available to certain victims, under the Domestic Violence Act 2018, to all victims of stalking behaviour, regardless of their relationship with the perpetrator. These new civil orders complement the criminal post-conviction orders, available under the new provisions in section 10 of the 1997 Act, which apply when a person has been found guilty of the offence of stalking.
Part 5 also provides for the making of orders on an ex-parte basis, where the court is satisfied that there is an immediate risk to the safety and welfare of the applicant. Additionally, the court may grant an interim order pending the final determination of the application, where the court deems it necessary and proportionate for the safety and welfare of the applicant. The benefit of these ex-parte and interim orders is that they will provide victims with immediate protection against ongoing offending behaviour, while they await the determination of their application.
Legal and operational preparations, including the drafting and adoption of new rules of court, were required before the commencement of Part 5 of the Act and the required rules of Court also come into effect today, September 2nd, 2024.
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