Dáil debates

Tuesday, 12 February 2019

Criminal Law (Extraterritorial Jurisdiction) Bill 2018 [Seanad]: Second Stage

 

8:00 pm

Photo of Thomas PringleThomas Pringle (Donegal, Independent) | Oireachtas source

I accept that. However, Deputy O'Callaghan referred to the impact that Brexit may have on the Council of Europe and on our signing of the convention. As I understand it, Brexit will have no impact in that regard because the United Kingdom is a member of the Council of Europe and that status has nothing to do with its membership of the European Union. I may be wrong in that regard. I ask the Minister of State to outline his understanding of the situation. It is important that it be clarified.

It is important to note that this Bill is the final legislative action that is required to enable Ireland to ratify the Istanbul Convention on combatting violence against women and domestic violence. The main aim of the convention is to protect women against all forms of violence and prevent, prosecute and eliminate violence against women and domestic violence. As such, and in the modern context, it is vital that this also include men. Although domestic violence against men is not as prevalent, it is becoming more common. It is important that this be covered. The convention also aims to ensure the design of a comprehensive framework, policies and measures for the protection of and assistance to all victims of domestic violence.

The Council of Europe convention on preventing and combatting violence against women and domestic violence was opened for signature on 11 May 2011 in Istanbul, Turkey. This probably gives an indication of developments in respect of the European Union. The convention's aims are the prevention of violence, victim protection and "to end with the impunity of perpetrators". As of January 2018, it has been signed by 46 countries and, as mentioned, separately by the European Union. Why it has taken so long and why it would take so long to be adopted here are genuine questions that need to be answered. I acknowledge the Department has priorities and that it is a big Department but the priorities of the nation are also important.

It is some time ago since I raised with the Taoiseach the adoption of the convention into Irish law. The convention is based on the premise that no single agency or institution can deal with violence against women and domestic violence alone. An effective response to such violence requires concerted action by many different actors. The convention therefore asks state parties to implement comprehensive and co-ordinated policies involving Government agencies and NGOs, in addition to national, regional and local parliaments and authorities. Unfortunately, we do not have local parliaments or authorities that would have the powers to deal with this.

The aim is to have policies to prevent and combat violence against women and domestic violence implemented at all levels of government and by all relevant agencies and institutions. That is vital. The experience from countries where this is already being done shows results are improved when law enforcement agencies, the Judiciary, NGOs, child protection agencies and other relevant partners join forces and work together.

Under the Istanbul Convention, Ireland will be required to make provision for extraterritorial jurisdiction regarding convention offences. While there are some provisions on the Statute Book already, in respect of murder, manslaughter and some sexual offences, this Bill is necessary in order to fully extend extraterritorial jurisdiction to all convention offences.

Obviously, we can enact and ratify all we like but, unless we have the resources to back up the actions, we are going to fail those whom the Bill is intended to protect. I encourage the Minister to ensure resources are available in order that this Bill can be implemented in full.

One in five women has suffered intimate partner violence and domestic abuse, and nine out of ten women who are killed are killed by someone known to them, with 56% killed by a partner or ex-partner. That, in itself, shows the importance of this Bill and the need to implement it and the measures in the Istanbul Convention as quickly as possible.

With regard to the convention, the Council of Europe states:

In addition to addressing governments and non-governmental organisations, national parliaments and local authorities, the convention sends a clear message to society as a whole. Every man, every woman, every boy and girl, every parent, every boy/girl-friend must learn that violence - any kind of violence - is not the right way to solve difficulties and live a peaceful life. Everybody must understand that now and in the future violence against women and domestic is no longer tolerated.

That is important.

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