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

I welcome to the Visitors Gallery the women who have campaigned very vigorously to stop violence against women and girls. It is also very appropriate that this House is discussing the issue of violence against women and girls today, which, as Deputy Farrell says, is International Day for the Elimination of Violence against Women. That is a day that is not just recognised in Ireland but is recognised internationally.

One of the things I have come to appreciate more since I became Minister for justice is that the scourge of violence against women and girls is not just an issue that faces us in Ireland. Regrettably, it is an international issue that needs to be tackled, not just on a national basis but also an international basis. It is important to state that the Government's approach to combating violence against women and girls is that there should be a zero tolerance approach to gender-based violence and the attitudes that underpin it.

On the Bill being debated in the House, I thank and commend Deputy Carthy for introducing the Private Members' Bill. Before I deal with the specifics of the Bill, which, I am pleased to say, I will not oppose, I want to say something that is probably recognised by the mover of the Bill and every Member of the House. The solution and campaign to stop violence against women and girls is in part to be found in our legislative system. It is in part be found in enacting legislation that will, we hope, change and punish certain human behaviour. However, it must also go beyond that because it is a societal issue that requires us to spread the message of the unacceptability of violence in domestic relationships or gender-based violence. That requires education and instruction being given to boys and young men about the inappropriateness of using violence, not just in general society but, in particular, in relationships.

As Deputy Carthy has outlined, the Bill he introduced seeks to introduce protections for the victims of sexual violence. It provides that when someone is convicted and sentenced for a crime of sexual violence, at sentencing the judge could impose an order restraining the person convicted of the offence from communicating with or approaching the victim. The legislation appears to me to be modelled on amendments made to the offence of harassment by my predecessor, the Minister, Deputy McEntee, when she was Minister for justice. I want the House to be aware that this week, I brought a memorandum to Government seeking approval not to oppose the Bill on Second Stage. I can confirm that this was endorsed by the Government today.

The Bill is well intentioned and aligns with the Government's zero tolerance approach to domestic, sexual and gender-based violence. However, I have some concerns about the added value of the Bill. I know Deputy Carthy will listen to my concerns. They derive from the fact that we already have a range of existing statutory measures designed to protect victims. As has been indicated by Deputy Carthy when he referred to some statutory provisions, I too want to refer to the laws in place at present and how they can be used for the purpose of trying to give effect to the legislative purpose behind the Deputy's Bill.

I would like to refer to harassment orders, pursuant to the Sexual Offences Act 2017. The House will be aware that section 46 of that Act, which introduced harassment orders for the victims of sexual violence, deals with the particular circumstances that can arise. Under that legislation, a court can impose an order prohibiting a convicted sex offender from contacting or approaching his or her victim for a specified period, exactly the same type of behaviour Deputy Carthy's Bill seeks to address. The order can be imposed at the time of sentence or at any time prior to the offender's release. Such orders may be imposed where the court is satisfied that the offender has behaved in such a way as to give rise to a well-founded fear that the victim may be subject to harassment or unwanted contact by the offender, such as would cause fear, distress or alarm or amount to intimidation. Appropriate balancing of rights is contained in the section and the standard of proof is specifically set out to be a civil standard on the balance of probabilities. The order can be applied for by a garda, probation officer or victim and can extend for a period of up to 12 months post release. Breach of a harassment order is an offence punishable summarily or on indictment, with a jail term of up to five years. The offence is, accordingly, an arrestable offence under the Criminal Law Act 1997, for which a person may be arrested without a warrant.

I also want to consider other legislation available, in particular what is referred to as the sex offender register. More broadly, there is a comprehensive framework in place for the management and monitoring of sex offenders in this jurisdiction, which also comprises specific protective mechanisms. The Sex Offenders (Amendment) Act 2023 strengthened our already robust system for monitoring sex offenders. A person convicted of an offence set out in the Schedule to the Sex Offenders Act must notify An Garda Síochána of their movements, including any changes to their name or address and any travel to, from or within the State within three days. The Garda National Protective Services Bureau has a dedicated unit, the sex offender management and intelligence unit, which has oversight and monitoring responsibility at national level for the management of registered sex offenders who are subject to notification requirements.

In addition, the sex offender risk assessment and management system operates to support enhanced levels of co-operation and co-ordination between key statutory organisations involved in managing the risk posed to a community by convicted sex offenders. Where An Garda Síochána believes a convicted sex offender poses a serious and imminent risk to the public, an application can be made to the courts for a sex offender order under section 16 of the 2001 Act. This is a civil order applied for in the Circuit Court. A sex offender order prohibits the offender from doing anything the court considers necessary to protect the public. A prohibition may, for example, forbid an offender from going to a specified place. The order is expressed to last for a period of five years or such longer period as the court may specify. Breach of an order is an offence prosecutable summarily or on indictment, with a jail term of up to five years. The offence is, therefore, an arrestable offence.

I also want to refer to other provisions in place. Under Part 5 of the Criminal Justice (Miscellaneous Provisions) Act 2023, a new system of civil orders was introduced, which is designed to protect victims. Part 5 civil orders provide the preventative stand-alone civil remedy available in respect of relevant conduct such as stalking, harassment or intimidation and, notably, does not require any criminal prosecution or conviction. Part 5 also provides for the making of orders on an ex parte basis, where the court is satisfied that there is an immediate risk to the safety and welfare of the applicant. In addition, the court may grant an interim order, pending the final determination of the application, where the court deems it necessary and proportionate for the safety and welfare of the applicant.

I have to point out that there are also orders which are available pursuant to domestic violence legislation. Deputies will be familiar with such legislation. Barring, safety and protection orders are available in the civil courts.

I would like to assure the House that the Government continues to work with determination to strengthen the response of the State of violence against women and girls. The zero tolerance strategy is very effective. Obviously, we need to do more to ensure the scourge of violence against women and girls is treated with the contempt it deserves and individuals know they will be severely punished if they engage in such types of violence. I will also introduce other legislation, which will be of benefit, to ensure that people are not subjected to domestic violence, such as Jennie's law which will provide a register of court judgments so that people will be able to get information about individuals who previously committed serious assaults within an intimate relationship.

I ask Deputy Carthy to consider the points I mentioned. As I said, the Government will not oppose the Bill. I cannot give him a guarantee that when it gets to Committee Stage I will be able to accept it as it is, but if we take on board some of the proposals and messages I have given, there could be some progress in respect of the Bill.

See this speech in context