Malcolm Noonan (Green Party)

I do not have much to say after that. I thank Senator Ryan for sharing her experience with us. It brings into perspective why we are here this evening. We know that so many families are affected through domestic violence and children in particular are affected greatly. This Bill, first introduced by my colleague Vincent P. Martin in the previous Seanad, had got us to Committee Stage. I thank Senator Clonan and my cross-party colleagues for agreeing to use this slot to bring the Bill forward. Now we see why it is so important.

I also acknowledge the presence in the Public Gallery of Sarah Benson from Women’s Aid. Women's Aid has been championing this piece. It is a small change in our legislation that will help so many women and children and families who are in that awful situation of domestic violence to move into a safe place and brighter future.It is difficult to articulate my feelings even from my notes on this issue but it is important to do so following Senator Ryan's contribution because that was so powerful and so important to put context on this powerful legislation. In 2022, the last year I have statistics from, over 10,000 domestic violence protective orders were issued with approximately 5,000 breaches reported. Half of them were breached. Despite the scale of the issue, only 500 convictions followed those breaches. In the same year, there were 54,000 Garda call-outs relating to domestic violence. It is of epidemic proportions.

In terms of the current legal framework, the Minister of State will be well aware that breaches of domestic violence are prosecuted only summarily in the District Court. This one-size-fits-all approach does not reflect the seriousness or complexity of cases. This proposed Bill introduces a hybrid approach allowing more tailored responses to different levels of severity. Multiple or serious breaches of protective orders are not uncommon yet current laws limit the ability to pursue more serious charges. The amendment includes a number of key changes. Prosecutors will have the discretion to bring indictable charges for breaches where appropriate. Indictable charges are more serious and allow for more robust court responses. With regard to the implications for bail, in summary cases bail can only be refused in limited circumstances putting victims at potential risk while awaiting trial. Indictable charges would give courts greater power to refuse bail and to consider an accused person's prior record or other charges. The current penalty under section 33 of the Domestic Violence Act 2018 for breaching a domestic violence order is a maximum sentence of 12 months' imprisonment. The proposed legislation would increase the maximum penalty to not greater than five years better aligning the punishment with the severity of the offence and improving prosecution for victims. I hope the Minister of State has positive news for us on allowing the Bill to progress. Our party group supports the amendment brought forward by our colleague Senator Ryan. I look forward to other member's contributions.