O’Callaghan ‘surprised’ at lack of public register for criminal convictions

It is “incomprehensible” that there is no system to publish the names of people convicted of serious offences, the Justice Minister has said.

Minister Jim O’Callaghan said it was “surprising” that certain serious, violent criminal convictions only come to light if a journalist was present, while the details of tax evaders were regularly published.

He made the comments after attending the launch of a domestic, sexual and gender-based violence awareness-raising campaign by the Cuan agency on Wednesday.

On the subject of Jenny’s Law, which would create a register giving gardai the power to inform somebody, when asked, if their partner had a violent history, Mr O’Callaghan said it was “incomprehensible” that there was no system where serious convictions were published.

He said: “I find it incomprehensible that if people are convicted of serious indictable offences in this country, that the only way we find out about it is through a journalist being present in the court.

“We publish details about tax evaders in this country, and yet we don’t have any system whereby we publish information about people convicted of serious criminal offences.”

Asked how regularly that register could be published, the minister cautioned that there was a need to take into account rehabilitation.

“I don’t want to see people permanently criminalised but certainly when it comes to a criminal conviction, that is a public event.

“Any court around the country today, people may be convicted of criminal offences but I think it is surprising that the only way the public will hear about it is if (a journalist) happens to be there.”

He added that, if enacted, the measure would not be applied retroactively.

Survivors of sexual violence have also been critical of the use of their counselling notes as admissible evidence in their trials.

The Justice Minister said it appeared that previous legislative efforts to address this were not being applied.

He said “everyone in the Oireachtas” thought that Section 19A of the Criminal Law (Sexual Offences) Act 2017 would have helped address the concerns of victims.

Section 19A permits an accused person to make an application to the court for the disclosure of counselling records and also allows the victim to object to the disclosure of their counselling records.

If a victim objects to the disclosure, the judge will examine the counselling records and decide if there is relevant information to be disclosed to the defence.

Mr O’Callaghan said: “I’m concerned that the intention of the Oireachtas doesn’t seem to be being applied at present – I’m going to look at that.

“But certainly, when you look at the provisions contained in 19A, if they were applied correctly and rigorously, you wouldn’t have thought that this would remain an issue.”

He added: “I will look at it again and if amending legislation is required, I’ll introduce it and seek the leave of Government.”

Asked if he was opposed to an outright ban on the use of counselling notes, Mr O’Callaghan said “No”.

The Justice Minister also addressed victims’ concerns around the use of character references for those convicted of serious crimes.

Mr O’Callaghan said: “Character references are a complex part of the sentencing procedure and if you look at the trial process if a person is found guilty, then the issue is what type of a sentence should be imposed?

“If character references are to be given, they should only be given in accordance with law – which is under their own affidavit or that somebody is going to get into the witness box and give evidence in respect of it.

“Anyone who decides that they’re going to give a character reference should know that they’re going to be cross-examined on this and they’re going to have to stand over what they say.

“So you should only really make a character reference if you genuinely believe that in this situation there’s some issue that needs to be taken into account.”

Elsewhere, he said he was “pleased” to announced that a memorandum was going to Government next month seeking an amendment for the Guardian of Infants Act to implement “Valerie’s Law”, which would remove guardianship rights from people who killed their spouse.

The Cuan “Hardest Stories” campaign is centred on two television adverts, both of which provide a snapshot into what the survivor remembers of the abuse that they have suffered, how they felt, and how they continue to feel.

Cuan chief executive Dr Stephanie O’Keeffe said: “The overarching message of the campaign is that domestic, sexual and gender-based violence is prevalent in Irish society, however it is often hidden or ignored.

“With this campaign, we hope to raise awareness of domestic and sexual violence within our society, encourage victims and survivors not to suffer in silence and to recognise that by telling their story they can reclaim their power.”