Thurles Information

Government To Strengthen Law On Rape, Sexual Violence & Human Trafficking.

Government approves publication of General Scheme of Bill which will strengthen law on consent in rape cases and support victims in sexual violence and human trafficking cases.

Bill will change the current situation where a man is not guilty of rape if he honestly believed that he had the consent of a woman.
Bill puts National Referral Mechanism on statutory footing – a significant advance in identifying and supporting victims of trafficking.
Also ensures anonymity for victims in all trials for sexual offences and will extend the victim’s right to separate legal representation.

The Minister for Justice, Helen McEntee TD, has secured Government approval to publish the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022.

The Bill will strengthen the law on consent, knowledge and belief in rape cases by changing the current situation where a man is not guilty of rape if he honestly believed that he had consent. Under the new proposals, the accused’s defence that he believed she was consenting has to be objectively reasonable; that his belief was one that a reasonable person would have held in the circumstances.

Minister McEntee said,

“This is a very important and timely piece of legislation that will mean juries should have regard to the steps the accused took to check whether the woman is consenting, as well as the accused’s decision making capacity at that time.
Currently the accused’s own subjectively honest but mistaken belief that the woman was consenting is a defence to rape. This needs to change.
The changes I am bringing forward today progresses policy commitments I have made in key plans, such as Supporting a Victim’s Journey and Zero Tolerance; the third national strategy on domestic, sexual and gender based violence”.

The new Bill will amend the fault or mental element of the rape offence by adding that the accused commits rape if, at the time of the sexual intercourse, he does not “reasonably believe” that the woman was consenting.

This would be an objective test, and would be in addition to the present definition of rape (i.e. where the accused knows that the woman is not consenting or is subjectively reckless as to whether she is consenting).

The Bill will also provide greater protections and supports to victims of sexual crimes and human trafficking, including putting the National Referral Mechanism on a statutory footing and ensuring anonymity for victims in all sexual offences trials.

It also removes the final legislative barriers to Ireland’s 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.

Speaking after Cabinet, Minister McEntee said,

“This Bill will ensure that greater protections and supports will be provided to victims of sexual crimes and victims of human trafficking.
Most of these victims are, unfortunately, women and children.
I also believe that these proposals will reduce the risk of re-traumatisation and will ensure that victims have the supports in place to allow the healing process to begin”.

The revised National Referral Mechanism will make a significant difference to Ireland’s capacity to identify and support harder-to-reach human trafficking victims.

It will allow all agencies, both State and civil society, to co-operate, identify and share information about potential victims and facilitate their access to advice, accommodation and support.

Currently, when suspected victims of human trafficking are encountered by, or referred to, An Garda Síochána, they are provided with a wide range of services by both the Government and NGOs through the NRM.

Many victims – for very understandable reasons – will not approach the police, but may be much more comfortable approaching a different state body, or an NGO.

The new approach acknowledges other state bodies and NGOs have a role in identifying victims of human trafficking and referring them to the NRM.

Minister McEntee added,

“This is a clear demonstration of Ireland’s commitment to identifying and supporting victims of this abhorrent crime and it will strengthen our international reputation in this area.
Last week’s announcement by the US State Department that Ireland had been removed from the Tier 2 Watchlist in its latest Trafficking in Persons (TIP) report was very positive, and by legislating to put the NRM on a statutory footing, I’m confident that our standing internationally will be further improved in advance of the next report.
My Department has worked very closely with a number of NGOs that support victims of human trafficking in developing the policy proposals for the new NRM and in developing a new National Action Plan on Human Trafficking. The Department will reconvene the working group of NGOs and other stakeholders shortly to get the benefit of their advice on the details of the General Scheme and I look forward to their input”.

As part of the ongoing reform of the criminal justice system to make it more supportive of victims, the new Bill will also introduce additional safeguards for victims of sexual offences as recommended by the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offence conducted by an expert working group, led by Professor Tom O’Malley. Recommendations from this Review are being taken forward in Supporting A Victim’s Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases which the Minister launched in August 2020.

The provisions being legislated for through this Bill will ensure anonymity for victims in all trials for sexual offences and will extend the victim’s right to separate legal representation if, for example, they are being questioned about their previous sexual history. This will provide for stronger protections for victims of sexual crime, who are predominantly women and children.

Ireland’s First Ever Underground Seismic Station Installed In Co. Tipperary.

A new seismic station has been installed in Mitchelstown Cave, in Co. Tipperary some 60 metres underground; its positioning to detect earthquakes at home and abroad.

**International Registry of Seismograph Stations** *(Image Courtesy International Seismological Centre.)*

This new site brings to nine the number of similar seismic stations set up across Ireland, but the Tipperary location now becomes the first to be installed underground.

Same site remains protected from seismic noise sources such as wind, rain, building site activity and heavy road traffic.

Since the station was installed last May by members of the Dublin Institute for Advanced Studies (DIAS) and the Irish National Seismic Network (INSN),it has detected earthquakes as far away as southern Peru and Fiji, together with 11 earthquakes in and around our own shores.

Additional funding has been received from Geological Survey Ireland, which is a division of the Department of the Environment, Climate and Communications, to help double the number of permanent seismic monitoring stations to 12.

Death Of PJ Butler, Thurles, Co. Tipperary.

It was with a great sadness that we learned of the death today, Tuesday, 26th July 2022, of Mr PJ Butler, Coumnagella, Cureeney, Kilcommon, Thurles, Co. Tipperary.

Pre-deceased by his beloved wife Kitty, his infant daughter Mary, parents Patrick and Nora, brothers Nicholas and Matthew, sisters Nora and Bridie; Mr Butler, in his 94th year, passed away peacefully, surrounded by his family; while in care of staff at University Hospital, Limerick .

His passing is most deeply regretted by his daughters Nora, Mary, Kathleen, Breda and Dolores, his son Gerard, daughter-in-law Cora, sons-in-law Paudie, Seamus, Paddy and Seamus, his cherished 21 grandchildren and great grandchild, sisters Mary and Margaret, brother-in-law Ned, nieces, nephews, carers, extended relatives, neighbours and friends.

Requiescat in Pace.

Funeral Arrangements

The earthly remains of Mr Butler will repose tomorrow evening Thursday, July 28th, at McCormack’s Funeral Home, Kilcommon Cross, Thurles from 5:00pm to 7:30pm.
His body will be received into the Church of the Little Flower, Curreeney, Lacken, Co. Tipperary, on Friday afternoon, to further repose for Requiem Mass at 3:30pm, followed by interment immediately afterwards in the adjoining graveyard.

For the many persons who would have liked to have attended the funeral service for Mr Butler but are unable to do so; same can be viewed online HERE.

[NB: Due to C-19 virus fears; those attending will continue to observe strict adherence to social distancing, face covering, with no hand shaking.]

The extended Butler family wish to express their appreciation for your understanding at this difficult time and have made arrangements for those wishing to send messages of condolence, to use the link shown HERE.

Ar dheis Dé go raibh a anam.

Cannabis Valued At €500,000 Located In Nenagh Garda District.

Gardaí are understood to have seized cannabis plants with a street value estimated to be in excess of half a million Euros, following a search operation carried out in north Co. Tipperary yesterday evening, July 25th, 2022.

Shortly before 8:00pm yesterday, Gardaí conducted a search of a premises in the area of Lorrha village, at the northern tip of Co. Tipperary; before locating a cannabis grow-house situated on the property.

A significant number of cannabis plants, together with other recognisable drug dealing paraphernalia, were discovered during the Garda search; same conducted as part of Operation Tara; using officers attached to the Nenagh Garda District.

However to date, no arrests have been made, as investigations continue.

Court Of Appeal Hears Sentencing Of Tipperary Drug Dealer Unduly Lenient.

The State has informed the Court of Appeal that a five-and-a-half-year jail sentence, latter imposed on a Tipperary resident caught with over €1 million in cash and drugs, was too lenient.

Mr James Curtis, aged 51 years, with an address at Reiska, Kilcommon, Thurles, Co Tipperary, had been sentenced in October last (2021), at Nenagh Circuit Criminal Court.

The court heard that while serving a suspended sentence, under the cover of darkness, Mr Curtis was discovered near a wood, close to his home, in possession of a potato bag containing 5kg of cocaine.
The court further heard that Gardaí had also discovered €41,000 in cash and a further 4.25kg of cocaine, in a barrel buried in a field; together with a plastic shopping bag containing €336,000.

Mr Curtis had pleaded guilty to possessing €647,000 worth of cocaine for sale or supply, (contrary to Section 15 of the Misuse of Drugs Act). He also pleaded guilty to being in possession of €376,550, knowing or being reckless as to whether the money was the proceeds of criminal conduct. He had been jailed for five and a half years.

Yesterday, at the Court of Appeal, Mr Thomas O’Malley (Senior Council for the State), said the sentencing judge, Mr Justice Cormac Quinn, had erred in principle.
Mr O’Malley claimed that the sentence was too low and unduly lenient, since Mr Curtis was already on a suspended sentence for a similar offence and his sentence therefore should not have been less than 10 years in prison, despite his admitting to the offence.

The matter has now been adjourned until Friday next, when the court should be in position to give a further judgement.