Pauline Tully (Sinn Fein) | Oireachtas source

I welcome this Bill as well. It is a important legislation. I acknowledge Jason Poole and his father Joe, along with David French for their work on both Jennie's law and Valerie's law. They have done immense work. It is unfortunate that people have to do something like that and that domestic violence is such a scourge in our society.

The Minister indicated that those convicted of serious incidents of domestic violence or gender-based violence could be included on this register, and I welcome that. He set out quite a long list of offences. However, with domestic violence, many people end up charged with summary offences and appear in the District Court, where barring orders, safety orders and protection orders are issued. They will not appear on this judgment register. People in a new relationship who are checking who they are getting into a relationship with will not see those people listed on this register.

Domestic violence, by its nature, escalates. It may start off with less serious incidents and then gradually increase. I am concerned this may give a false sense of security to some people who, when checking this register, do not see the name of the person they are interested in on it. There needs to be assurances, given that not everybody will be covered by this legislation. I ask that it be extended to those who appear in the District Court and have barring or safety and protection orders imposed on them. We need to do as much as we can to deter people who are abusive to their partners. The threat of appearing on the domestic violence judgment register could be a very good deterrent.

I agree with my colleague that three years is not long enough. While we can look at this further when we come to Committee Stage, three years goes by very quickly. It should be at least five years, and maybe more. Anybody who is on this register and commits another act of violence should have their time extended without permission to come off the register.

The Minister indicated it would be at the discretion of the trial judge as to whether to publish a judgment. I have a concern about that because there is inconsistency among the Judiciary. I have talked to women who have said there is no point going to a certain court on a certain day when a certain judge is sitting because he will always side with the man. If they are going to court to get a barring order or safety order, they know there is no point. I have heard of another judge who blamed the local domestic violence service for informing people about their rights and more or less dismisses or undermines women who come before that court with concerns about their safety. I am really concerned that this is to be left to judges alone. There is an inconsistency there. There are some judges who do not necessarily understand what domestic violence is, do not have training in this area or choose not to.

As we know, even when a couple separates because of an issue related to violence or coercive control, the instances do not stop. I know of women who have barring orders in place, yet they are somehow still intimidated and controlled by the men, whether it is through access to the children or bringing them back to court for non-payment of maintenance. There are many issues there where people continue to exert control over their previous partner. Much needs to be done to ensure that perpetrators of domestic or gender-based violence are deterred from continuing what they are doing.