Accused people in rape and sexual assault cases who want to cross examine a complainant about his or her sexual history should have to give notice of this before the trial begins, the body representing barristers has said.
The Bar Council of Ireland has published its submission to a review group chaired by Professor Tom O'Malley, which is examining the protection of vulnerable witnesses in the investigation and prosecution of sexual offences.
The review was ordered by the Minister for Justice, Charlie Flanagan, after the Belfast rugby rape trial, in which former Ireland and Ulster players, Paddy Jackson and Stuart Olding were found not guilty.
At the moment, if a defendant's lawyer wishes to cross-examine a complainant about their sexual history, they must make an application to the judge and the complainant is entitled to legal representation.
The Bar Council says this can result in trials being delayed for periods and recommends that a defendant should have to lodge notice of such an application at an appropriate point before the trial begins.
The Council urged further measures should be adopted to reduce the delays in getting cases involving sexual offences to trial.
It said it was "unacceptable" that some trials may only be heard three years after a person is charged, depending on the area of the country involved. It advocates more use of pre-trial hearings and the appointment of additional judges.
Professor O'Malley's review is also looking at the issue of anonymity for those accused of sexual offences. At the moment, those accused of rape cannot be named until conviction.
However, people accused of sexual assaults, to be tried in the circuit court, can be named when they are charged, provided doing so would not identify the complainant.
The Bar Council has recommended extending pre-conviction anonymity to all those accused of sexual offences. It said it did not believe that naming accused people pre-trial would increase the reporting of sexual offences.
And it said other steps need to be taken to support complainants to report assaults. It said these were far more important than the idea of naming an accused person during criminal proceedings, in which he or she may not ultimately be convicted.
The Council recommended that the law on sexual offences should be simplified and offences should be gathered together under one or two acts of the Oireachtas.
It also says new legislation to deal with contempt of court and the use of social media in court may be required. It says much commentary on social media can be "loose and inaccurate" and sometimes harmful to the administration of justice.
The council says some commentary appears contemptuous of the requirements of a fair trial, fuels false narratives about the evidence and can do untold damage to the aim of getting victims to report such crimes, receive support and bring the perpetrators to justice.
However, it says any such legislation should not undermine or unduly trammel the right of the media to report on criminal trials.
In another recommendation, the Council says it recognises the importance of giving vulnerable witnesses the benefit of appropriate special measures such as pre recording evidence and cross examination.
But it says there should be a thorough consideration as to how this has already worked in the United Kingdom and should only be brought in when the pre-trial disclosure process has been reformed and resourced.
The council does not support the introduction of separate legal representation for complainants throughout the trial process. It says it is concerned that adding another legal team would be unlikely to improve the trial process but instead could cause confusion and damage the process.
The Bar Council also welcomed the forthcoming establishment of a judicial council. It said this would give a forum for the judiciary to assess the kind of directions given to juries in Ireland to make sure they are clear and understandable and not undermined by false assumptions.
It said public education was an essential tool in addressing rape myths and misconceptions and it said it would continue to play its part in this area.
