Barry Ward (Fine Gael) | Oireachtas source

On behalf of the Fine Gael group, I am very happy to welcome this Bill. It sets out some important issues we need to discuss in this Chamber. At the outset, I acknowledge the work the Minister, Deputy McEntee, my party colleague, has done in the area. As Minister for Justice, she has put particular emphasis on the resolution of domestic, sexual and gender-based violence, which all Members have mentioned and is very important. Legislation passed in recent years in this Chamber has shown how much of a priority it is for the Government and Members of this Chamber.

Domestic violence orders are an important tool in enforcing the law regarding domestic violence.It is important to understand that while a breach of an order is a criminal matter, the reality is that for a garda or any other person seeking an order, there is a relatively low bar to obtaining that order. What they are doing in that circumstance is setting up a situation where the perpetrator or potential perpetrator, as the case may be, is put in a situation where they are told very clearly that they cannot do X, Y or Z. That then sets up a situation whereby if they breach the order, it is a criminal matter. This very effectively brings it into the realm of criminal law the very behaviour we should be criminalising. It is the kind of thing that has been spoken about in this debate. It is pervasive and exists in every town, village and community, unfortunately, and it needs to be tackled. These orders are key parts of the mechanism the law puts together to equip gardaí and other people with the tools they need to stamp out this behaviour and to put in place a criminal sanction where somebody is behaving in a particular way.

It is also important to acknowledge just how difficult it is for the victim of domestic violence to obtain one of these orders. I am not talking about process; I am referring to taking the step of going and asking for an order. It is no small matter for an individual to go before a court, outline what has been happening to them and ask the court to order another person not to do something. That takes enormous courage, which is why it is so important that these orders mean something. That is why what is suggested in this Bill is really important. What the Bill does is move that from being a minor matter, a summary only matter that would only be dealt with in the District Court, to something that can be a much more serious offence and an indictable matter. Then it will be an offence that can also impact on bail considerations. It is really important that where there are instances of breaches of an order that there are consequences for the person who breaches that order. I regret to say that, at the moment, that appears not to be the case.

We know there are lots of prosecutions, although still far too few, for breaches of orders. The number of breaches has gone up in recent years. The number of charges and prosecutions has gone down, albeit very slightly. I am aware of a paper written by my colleague at the Bar, Emer Ní Chúagáin, barrister, who identified the fact that 82% of prosecutions for breaches of orders in the District Court in Dublin did not result in convictions. That is a staggering figure for any offence. It is incredible that this many prosecutions are not succeeding. The figure nationally is much lower, but it is still 34%.

A large number of people are being prosecuted for breaching orders. These are serious matters where they are putting somebody in fear for their safety and of their lives. Gardaí are aware of this and taking the action they need to take with the assent of the DPP, as the prosecutorial authority. Now, however, there is a situation where nothing is happening. Of course, there are cases where there is good reason why there is not a conviction and why there is an acquittal where a decision is made by a District Court judge. It is appropriate there should be a certain number of acquittals, but not 82%. That is a staggeringly high figure. If we are to respect these orders, they must mean something and breaches of them must mean something for the people who breach them in particular, but, most importantly, for the people in respect of whom they are breached.

I acknowledge people who have worked with the Green Party in bringing forward this Bill. I also acknowledge what Senator Martin and others have said about it.

The idea of giving the DPP greater discretion is a good thing. I have some questions about the legislation. It seems to be on one level perverse that a breach of a domestic violence order can never but be a small thing. That is how it seems to be in the law at the moment in terms of being only a summary matter. In some instances, it must be a serious matter. That is not provided for in law at the moment. I welcome the fact that the Bill does that. What are the circumstances that make it serious, however? What are the circumstances that move it form a summary only matter to an indictable matter and tried in the Circuit Court before a judge and jury? Which of those circumstances would not be covered by a more serious offence, such as assault causing harm, assault causing serious harm or worse than that? Conscious of what the Law Reform Commission has said about this, are we in danger of straying into a territory where it would be more difficult to get these orders in the first place when we should be maintaining the level at which they can be obtained? For example, if we are dealing with a situation where the court making the order is actually making an order of much greater import because of the possible criminal consequences further down the line, is it the case that by passing this legislation we are going to make it more difficult for the very courageous people I mentioned at the outset to get the orders they need in the first place?