I welcome the opportunity to contribute on this motion, but I am disappointed by the manner in which the legislation has been handled by the Government. The Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill before us is significantly different from the Bill that was first introduced in the Dáil. At every Stage of its fast passage, the Minister has brought forward substantial new amendments, including at this late stage of debate in the Seanad. These are not simply technical changes; they are significant legal and policy reforms that deserve proper debate and careful scrutiny by both Houses of the Oireachtas. Miscellaneous provisions Bills undoubtedly have their place but they should not become a catch-all mechanism for introducing major legislative changes with limited parliamentary oversight. Good legislation depends on good scrutiny and, unfortunately, this has not had the opportunity to happen here.
Having said that, there is one aspect that I warmly welcome, because it represents a genuine improvement to our justice system and demonstrates what can be achieved when victims' voices are listened to. I acknowledge the work of my colleague Deputy Matt Carthy, Sinn Féin justice spokesperson, who worked tirelessly to secure this important reform following sustained engagement with the Minister for justice. His amendment has been accepted and will significantly strengthen the law relating to character references in our courts.
For too long, victims and their families have spoken about the additional trauma caused by hearing glowing character references read out on behalf of offenders. In many cases, those giving the references were unaware of the full facts of the offence or even what the individual had pleaded guilty to. Those references could create a misleading impression before the court, while the voices of victims and the reality of the harm they suffered were overshadowed.
This amendment is not about preventing people from providing character references. Character references will continue to have a place within our justice system. What this reform does is introduce accountability. It ensures that anyone providing a character reference regarding an indictable offence must do so under oath or by affidavit. In other words, they must stand over what they are saying and appreciate the seriousness of the evidence they are giving before the court. That is common-sense reform. It improves transparency, strengthens confidence in our justice system and ensures that sentencing decisions are based on evidence that carries proper accountability.
This change came because victims and families had the courage to speak out about their experiences and people listened to them. I particularly acknowledge Karen Ryan, whose determination and persistence in highlighting this issue have been instrumental in bringing about this reform. Following the devastating loss of her father, she channelled her grief into campaigning for change so that other families would not have to endure the same additional trauma in court. She deserves enormous credit for refusing to let this issue be ignored. I commend Deputy Carthy on taking that experience, engaging directly with the Minister, drafting amendments and pursuing this issue at every opportunity through ministerial questions, the justice committee and the legislative process. This is an example of constructive opposition leading to meaningful legislative change.
No victim should ever leave a courtroom feeling that greater attention was paid to protecting the reputation of an offender than to acknowledging the harm that victim has suffered. Our courts must command public confidence, and victims must know that fairness and accountability are at the heart of our justice system. This amendment is one of the most significant reforms to the law on character references in many years because it extends the requirement for sworn character references beyond sexual offence cases to all indictable offences.
This is a substantial improvement and one that Sinn Féin is very proud to have secured. While I welcome this important reform and the Minister's acceptance of the amendment, I hope the Government also reflects on the legislation process that has been brought before us here. Important reform deserves proper time, proper scrutiny and proper debate. That benefits legislators, the legal system and ultimately the public that we serve.
Sinn Féin will always support practical measures to strengthen our justice system, improve accountability and place the victims and their families at the centre of our laws. I welcome that the Minister accepted the amendment on character references submitted by Deputy Carthy. I hope in future he will be open to accepting further constructive Opposition amendments also.
