Tony Mulcahy (Fine Gael)
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The question is pretty straightforward. It asks what are the proposals for bringing forward domestic violence legislation this year. I will speak on behalf of the many thousands of victims and victims-to-be who are out there and looking for a permanent solution in this area.

A number of things have happened in the past number of months. The report of the Joint Committee on Justice, Defence and Equality should be implemented in its entirety. The report of the Garda Inspectorate showed serious deficiencies both in the recording of crimes and the actual reading two hours later.

The DASH system in the North of Ireland records all crimes of sexual or domestic violence. I have recently sent a copy to the Minister and to the new Garda Commissioner, Ms Noirín O'Sullivan. I do not believe that using a black notebook, like we used to do in the old days, or putting the details up on the PULSE system is the way to do business in this area. We have a terrible habit in Ireland of trying to reinvent something. I have a cousin who works for the PSNI and who told me they have already got this system in the North of Ireland. I believe it is what we need to implement here.

The implementation of the EU victims' directive must happen this year.The ratification of the Istanbul Convention on domestic violence must be done this year, but above all, proper legislation must be put in place. Friends of mine in the Garda pointed me to the 2002 children's welfare Act and the Animal Health and Welfare Act 2013. They outlined that the animal welfare legislation provides for penalties, including powers of detention, imprisonment and fines. If I give a dog a kick up the backside I can be detained for seven days with a fine of up to €250,000, but there is little or no provision to protect someone over the age of 18, either male or female. We already have the powers in the Acts. I plead with the Minister to ensure that we introduce the legislation this year.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I thank the Senator for raising the issue of domestic violence in this House. I am conscious of his interest in this issue and of his contribution to the report last October of the Oireachtas Joint Committee on Justice, Defence and Equality on domestic and sexual violence.

The Government is committed to the introduction of consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation in a way that provides protection to victims. In addition, the heads of the sexual offences Bill was published recently. The draft general scheme of the legislation is being finalised in my Department. It is intended to introduce approximately eight new sections to strengthen the legislation. We are consolidating the legislation to date. It is important that we would have one consolidated piece of legislation rather than the various Acts introduced in the past. My intention is that the draft general scheme will be considered by Government shortly after Easter. Following approval by the Government of the general scheme of the Bill, I will forward it to the Joint Committee on Justice, Defence and Equality for pre-legislative scrutiny. That will give an opportunity for further consultation with stakeholders on the Bill, following on from their inputs into the joint committee's hearings on domestic and sexual violence in February 2014. My aim is that the Bill will be enacted this year.

I contributed to a debate in Dáil Éireann in December last year where I said that "domestic violence does not go away". While domestic violence does not go away completely, I agree with the Senator that we can and must do more to assist those affected by it, and to punish those inflicting the pain and misery associated with it. I believe we have a good structural base with which to work and that we can improve it with the proposed legislation. The Istanbul Convention will also provide for the highest standards to be met in addressing domestic violence. I am pleased to inform the Senator that I have now received a response from every Department on the provisions of the Istanbul Convention, which means that we now have the summary proposals from Departments, which allow us to go ahead and sign the convention in the first place and then to publish an action plan towards ratification. I intend to bring proposals to Government for approval to sign the convention early this year.

In tackling the difficult issue of domestic violence, legislation can provide a framework for victims and An Garda Síochána, but as the Senator said, that must be complemented by operational policing on the ground. The Garda Commissioner has announced plans to develop a system of risk assessment for victims of domestic violence who come to the attention of An Garda Síochána. That is very important, in particular following on from the Garda Inspectorate report where a number of very serious issues were identified in terms of the investigation of domestic violence and domestic abuse. The Garda Commissioner has announced a series of initiatives on the reorganisation of how child protection and sexual and domestic violence are dealt with by An Garda Síochána. That will also help to deal more effectively with reports of domestic violence and domestic abuse, as well as the decision to allocate two officers in every division with responsibility for victims. That is an extremely good initiative.

There are many cases of members of An Garda Síochána extending themselves above and beyond the call of duty to assist victims of domestic violence. That is acknowledged by all. There has been a sea change within An Garda Síochána on the issue but more remains to be done. That has been acknowledged both as a result of the findings of the Garda Inspectorate report but also the actions taken by the Garda Commissioner, which indicate the seriousness with which the issue is now being taken. Incidents of domestic violence are not always straightforward. A risk assessment system, which is tuned to the realities of operational policing, can help An Garda Síochána better protect victims from more serious revictimisation in the future.I thank the Senator for raising the issue.

Tony Mulcahy (Fine Gael)
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I thank the Minister for her comprehensive response. We have to do this this year. The Minister knows it is an issue that is close to my heart. It is not a criticism of the Garda but an observation of its recording system. It is only 70 miles to Newry where the PSNI do it differently. I sent a template of that to the Garda Commissioner and to the Minister's office last week. I made the point at the Joint Committee on Justice, Equality and Defence that the scene of the crime is the first place we must record the right information, and that is not happening. In terms of the women, children and men in this situation, we need to record the information properly, and the DASH system used by the PSNI is from where we need to start. The legislation on punishments and so on can come in at the back end but I would hope the template I sent would be put in place in a pilot programme. I have no doubt the Garda Commissioner takes this matter seriously, and I welcome last week's changes also.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As I said, the Commissioner has now reorganised the structure of the force's approach to domestic violence with the appointment of the chief superintendent to oversee the new child protection, domestic violence and human exploitation unit under the auspices of the national support service. The operational points the Senator makes are critical and I have no doubt that given the findings on crime investigation in the Garda Inspectorate report, that matter will be followed up by An Garda Síochána not just with regard to domestic violence but equally with regard to the investigation of other serious crimes. That is a very real issue for the force to examine.

I will examine the material the Senator sent me on initiatives being taken in other forces and I will ask An Garda Síochána for a response to that.