Dáil debates

Thursday, 10 July 2025

Domestic, Sexual and Gender-Based Violence: Statements

 

7:05 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)

I welcome the opportunity to address the House on an issue that is of significant importance and has widespread impact throughout our society. It is the issue of domestic, sexual and gender-based violence. The purpose of keeping this issue in the public domain and discussing it within the Houses of the Oireachtas is to ensure that we can identify the appropriate measures to combat it. This is an activity and criminal behaviour within our society that we must make further effort to confront and eradicate. It remains one of the most serious challenges facing our society.

It is important to point out, however, that ongoing criminal acts of domestic, sexual and gender-based violence are not unique to Ireland. I looked at the statistics in respect of the murder or manslaughter of women in Ireland and Northern Ireland. The figures in Ireland are unacceptably high. The figures in Northern Ireland are even higher. I am aware that in other countries around the world, violence against women is an issue that needs to be confronted internationally and nationally.

As I mentioned previously in the House, I had the privilege of launching the Women's Aid report approximately ten days ago. As people will be aware, the detail contained in that report is both sobering and frightening. It shows the rise in the numbers of women contacting that agency for the purpose of seeking to get advice, assistance and help arising from their being subjected to violence and criminal assault. The figures in the Women's Aid report published this year show that 32,000 contacts were made in 2024. That represents a 12% increase on the previous year. We can sometimes get caught up in statistics. We must recall that each of those women who phoned Women's Aid had a personal tragedy and trauma behind the phone call. We need to remain alive to the fact that there are real issues about women in our society. For too long, they have suffered in silence. It is imperative that we make them aware that there is support for them from society at large.

It is timely that we are having this discussion. There is a greater political and public focus on the issue of domestic and gender-based violence than was previously the case. Part of the reason for that, and part of the credit for that, rests with the many victims of this violence who have been prepared to speak publicly. People who are victims and women who speak out provide a stronger voice to other women who may be suffering silently and who may feel that they do not have the power to come forward to make a complaint to An Garda Síochána or even just to report it to agencies such as Women's Aid. I am today reaffirming the Government's unwavering commitment to what I refer to as a "zero-tolerance approach" to domestic, sexual and gender-based violence. We need to ensure, however, that the approach operates across our society. It is not just an issue to be discussed by the Minister for justice when launching a Women's Aid report. It must involve a whole-of-government response to combatting this issue.

Recently, through the statutory body Cuan, my Department put out a strategy and implementation plan for how this needs to be approached and confronted. The proposals go all across government. They apply not just to my Department but to other Departments, including the Department of education.

I recognise the excellent work done by my predecessor as Minister, Deputy McEntee. She was instrumental in the establishment of Cuan and raising this issue as the prominent political issue it deserves to be treated as.

Since I took up office as Minister for justice, I have sought to keep focus on it. It is one of my priorities that we have a situation in Ireland where there is growing awareness of the unacceptability of violence against women and girls. I am conscious as well that we put a significant amount into this but, of course, money on its own is not sufficient. There are unprecedented resources, with €70 million being provided in budget 2025 to tackle domestic violence. Since 2020, funding for domestic, sexual and gender-based violence services has tripled. I recently launched the third national zero-tolerance strategy, which is an ambitious national strategy to combat violence against women.

There is also the issue of refuge spaces. I am very conscious that is correctly raised frequently in this House. However, we also need to recognise that the solution to violence against women cannot become just trying to identify an appropriate number of refuge spaces around the country. As has been said previously n this House, in many instances, we have to question why the woman who is the victim of domestic violence is the person in the couple who moves out of the home. We should recognise that there are provisions in place through barring orders to ensure that individuals who are perpetrating violence against women in the home are the ones who should leave the home. Notwithstanding that, there is always going to be a requirement for additional refuge spaces. Funding has been secured for 80 additional refuge spaces, with a commitment to provide 280 spaces by 2026. We will see for the first time in Ireland a network of safe accommodation, as required under the Istanbul Convention, which will include both refuges and safe houses.

I also want to point out that since I became Minister for justice, I have sought to advance and expedite a series of legislative proposals that are necessary and that will make it easier for victims of domestic and gender-based violence. In April, I brought proposals to Cabinet to allow for the removal of guardianship rights of a person who has been convicted of killing their intimate partner under the proposed guardianship of infants (amendment) Bill 2025. That is a piece of work Deputy Carthy is doing at present, as Chairman of the Joint Committee on Justice, Home Affairs and Migration, in completing pre-legislative scrutiny in respect of that important legislation. I commend all the individuals in the public realm, particularly Mr. French who has advanced this issue, to ensure it is recognised in certain instances. This is a child protection issue.

In May, I received approval from Cabinet to pursue proposals to limit the disclosure of counselling records in rape and sexual assault cases. That is a provision I have managed to put into the civil law and criminal law (miscellaneous provisions) Bill's general scheme. I hope to introduce that Bill, including the provision in respect of counselling notes, in the Houses of the Oireachtas later this year.

I also received permission from the Government to put into that legislation proposals to prohibit sex for rent. That is something I also want introduced, and hopefully enacted, by the end of this year. I am also happy to inform the House that following extensive engagement with officials in my Department and my colleagues, Deputy McAuliffe and Senator O'Loughlin, and, indeed, the Attorney General's office, I will soon bring forward proposals to create a domestic violence register. I commend Mr. Jason Poole, brother of Jennifer Poole, who has been instrumental in really exhorting and encouraging politicians to proceed with this proposal, which will hopefully be known as Jenny's Law. This proposal will allow for any person who was convicted on indictment of specified offences, including murder, manslaughter or serious assault against an intimate partner or former intimate partner, to be named in a court judgment outlining the sentence imposed. That judgment will be published under a domestic violence register of judgments on the Courts Service website. The sentencing court will retain discretion as to whether such a judgment should be published, which will act as an important safeguard for the victim as the consent of the victim will also be required before such information will be published and available to the public at large. This, it is hoped, will act not only to provide information to intimate partners of those individuals who could pose a risk to their partner's safety, as was the case with the shocking and tragic death of Jennifer Poole, but it should also act as a deterrent to individuals from carrying out such crimes in the future.

We also need to reflect when we are discussing this issue upon the fact that justice in Ireland is required to be administered in public. If a person is convicted of a serious criminal offence in Ireland before the courts, that is a public conviction, and the public are entitled to know about that conviction. I am also conscious of the fact that rehabilitation is an important aspect of our justice system and under these proposals, a convicted person will have the ability to make an application to court to apply to have the judgment removed after three years. I do not see anything controversial or incompatible with the rights of the individual in this proposal. It is unquestionably the case that if people are convicted of serious criminal convictions, that can be publicised. Most nights of the week on the news and in our newspapers, we read about individuals who are convicted of serious offences. However, it appears to be the case that this is done on a very arbitrary basis, and it can be the case that individuals are convicted of serious offences, but people do not get to hear about them because of the fact that there was no journalist in court at the time. In such circumstances, the court shall have regard to any subsequent convictions of the applicant and-or any actions of rehabilitation undertaken by the applicant when considering such an application. The court shall also have regard to the position and views of the victim with regard to such an application. Under this proposal, the court will have discretion to determine whether to publish details of the judgment pursuant to a written judgement, and the court will take into account the nature and severity of the case and other relevant factors. It is my hope to bring forward these proposals to Cabinet in the autumn.

The Government is also determined to break down barriers that have historically silenced victims. Transparency, data collection and evaluation will drive continuous improvement. Again, I want to mention Cuan, the statutory agency responsible for combating domestic, sexual and gender-based violence. It plays a critical role in co-ordinating this multiagency response, ensuring joined-up survivor-centred care and regular reporting on progress and challenges.

In respect of the refuge spaces, a capital programme to deliver domestic violence refuge accommodation is happening at present, and it is a very significant and unprecedented allocation of funding. Cuan has been working in partnership with local front-line service providers, local authorities, the Department of housing and other entities, such as housing agencies, to co-ordinate local actions and support local services with delivery. By the end of last year, almost all priority areas had identified a site, and one new refuge in Wexford had opened and another had started construction.

I am pleased that I have had the privilege of visiting a number of refuge centres since becoming Minister. Earlier this week, I was in Kildare where I visited a refuge centre. I visited a refuge centre in Kilkenny the week before that, one in Limerick with the Minister of State, Deputy Collins, who is beside me, and one in Drogheda. It is important that both I and the Minister of State, as Ministers in the Department, get out and actually see what these refuge centres are like on the ground and provide encouragement to ensure that more of them are created.

There are currently 53 safe home units in place as well, which will be increased by a further 45 planned new safe home units by the end of 2026. In addition to the 141 refuge units at the start of the strategy, 52 new refuge units are planned to be delivered by the end of 2026, and there is a pathway for an additional 50 refuge units to be under construction by that point.

As we enter the final phase of the implementation of the zero-tolerance strategy, it is right to reflect on the substantial progress made since its publication. There has been significant legislative reform, including the enactment of the Family Courts Act 2024. That Act establishes a dedicated family court system, and it will ensure timelier, trauma-informed access to justice. I can stand here and confidently say that the law to combat all forms of domestic, sexual and gender-based violence has been strengthened significantly in recent years. There is also the Sex Offenders (Amendment) Act 2023, which provides for stronger supervision of sex offenders after they are released.

The legislation includes measures strengthening the management and monitoring of sex offenders in the community, including amendments to the sex offenders register notification requirements and a ban on sex offenders working with children or vulnerable people.

The Criminal Justice (Miscellaneous Provision) Act 2023 increased the maximum penalty for assault causing harm from five to ten years, introduced a new stand-alone offence for non-fatal strangulation and stalking and providing for the making of civil orders restraining stalking conduct and strengthened the law around harassment and ensuring the protection of the identity of alleged victims of harassment and stalking in court proceedings.

The Criminal Law (Sexual Offences and Human Trafficking) Act 2024 ensures anonymity for victims in all trials for sexual offences, extends the victim’s right to separate legal representation if they are being questioned about their previous sexual history and ensures character evidence at a sentencing hearing for a person convicted of a sexual offence must be made on oath or via affidavit rather than simply through a letter being sent in via a solicitor.

This legislative reform is continuing. I have touched on the progress we are making to expand refuge accommodation but my Department is also examining proposals to develop a policy on removal orders to take offenders out of the home in high-risk domestic violence and domestic abuse cases, subject to legal considerations. There are mechanisms in place, such as barring orders and safety orders, that are available to women who find themselves in the appalling situation of being subjected to domestic abuse. I also plan to progress legislative amendments to allow for the Garda to share information with schools as a measure to support children and young people who experience domestic violence in the home. We need to progress Operation Compass not only in this jurisdiction but also in the North. I have had an opportunity on numerous occasions to discuss with the justice minister in Northern Ireland, Naomi Long, the issues of violence against women. We can provide each other with information, data and policing support to ensure that throughout the island of Ireland there is a consistent response to the scourge of this violence.

Criminal justice is very important. Sometimes in this House we focus very much on legislative solutions to problems such as violence against women. That is understandable since our primary function is making legislation. However, there is more to resolving this issue than simply drafting laws. We have to recognise that this is a societal issue and as a result, we need to try to ensure there is prevention as well as investigation and prosecution after it occurs.

There has been a significant emphasis on education in the strategy. In 2024, the then Minister for Education, Deputy Foley, introduced a new curriculum for senior cycle on social personal and health education. This tells young people about respectful relationships should be built. It empowers them to recognise and respond to instances of abuse or violence in relationships. We in this House are very aware of the level of information out there and access to depraved material that young people can get online. We need to ensure that we educate young people and try to warn them that the depictions they see of relationships online is not normal and is not acceptable. Unfortunately, a tendency has developed in certain aspects of online material to present women in a very submissive, malleable way and that they are simply there to do what men tell them. We all know that is not only an anachronistic but a deeply offensive representation of women. We need to tell and warn young people about that. That is why we have to have a greater awareness raising. That is why it is so important that this is not simply viewed as a Department of justice issue but that there is also recognition that there it goes all across the Government, particularly the Department of education. The Minister for Education and Youth, Deputy McEntee, is continuing the very good work that the Minster, Deputy Foley started last year on this and is continuing with that.

I want to acknowledge the excellent work of the GAA. Sometimes, as I have said previously, people view this as a woman’s issue or an issue we discuss in certain debates; it is not. It is a societal issue. If we want to break it down on gender lines, it is probably more of a man’s issue than a women’s issue since men are predominantly, if not exclusively, responsible for violence against women. The GAA has recognised its responsibility. It is establishing the game-changer campaign, which uses sports-based advocacy to engage men and boys across communities, challenging harmful norms about the role women should play. This is a three-year initiative led by Ruhama, in partnership with the GAA and the Men’s Development Network that brings the zero tolerance message into clubs and communities in every part of life. There is a really powerful basis for doing that when a great sports organisation like the GAA is behind it.

We also need to recognise, as men speaking on this topic that we also have a responsibility in what we say to younger men and boys to try to ensure they recognise and appreciate that it is unacceptable to use violence within a relationship. I also want to note the Women’s Aid "ally action list" reminds us that every man can teach respect, call out wrongdoing and take action online and offline. If men in our schools, workplaces, sports clubs and homes step up, we can collectively dismantle the environment that allows abuse to continue.

I also want to recognise the excellent work of An Garda Síochána. There was some concern in respect of the Women’s Aid report, which found that 44% of women were dissatisfied with their initial contact with An Garda Síochána. Notwithstanding the fact that the majority were satisfied, that does indicate there is an issue in ensuring gardaí are suitably and adequately qualified. My own assessment and the advice | have received from within An Garda Síochána and, indeed, from people who are victims of domestic violence is that, once the victim gets engaged with the experts within the force, they have a very positive outcome.

The Minister of State, Deputy Collins wants to speak on this matter so I will conclude welcoming the fact that we are having this debate. I thank Members before they make their contributions. There is a general consensus in the House that there is a problem and how it should be responded to. I have no doubt there will be criticism about the number of refuge spaces or the counties they are in. That is a legitimate criticism. We are working on that and it is my responsibility. However, we also need to recognise that this is a much broader problem than just finding safe houses and refuges.

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