Neale Richmond (Dublin Rathdown, Fine Gael)
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488. To ask the Tánaiste and Minister for Justice and Equality the steps that her Department is taking to address violence against women; and if she will make a statement on the matter. [3160/22]

Helen McEntee (Meath East, Fine Gael)
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I can assure the Deputy I am committed to tackling domestic, sexual and gender-based violence (DSGBV) in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.

The prioritisation of this hugely important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed. Additionally, increased budget allocations have been secured this year in order to address such heinous and unacceptable behaviour.

As the Deputy may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The new Strategy will be structured around the four pillars or goals of the Istanbul Convention which are

- Prevention

- Protection

- Prosecution

- Co-ordinated Policies

Under each of these high level objectives there will be a number of specific aims listed but the Strategy and aims will be high level in tone and content.

The strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. In the coming weeks, I will begin a final round of consultation so that the strategy and associated implementation plan can be published as soon as possible.

Last year, on foot of the audit, it was agreed that the Department of Justice will continue to have lead policy responsibility for DSGBV.

My Department will also assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to policy responsibility. A detailed plan for how this will work is in preparation and will be brought to Government for decision.

Also this year, I will be introducing legislation to strengthen the law in a number of areas.

The new Garda Powers Bill will provide a clear and transparent statutory basis for the existing police powers of search, arrest and detention.

The Digital Recordings Bill provides for the necessary modern technology in the investigation of serious crime

Before Easter, I will publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation. While the act of stalking itself is already covered by existing law, I will propose changes to make the law clearer and stronger:

- Explicitly reference stalking as a criminal offence

- Make it clear that stalking includes watching or following a victim, even where they are not aware of being watched or followed

- Make it clear that impersonating the victim, and then communicating with a third party, is illegal

- Update the law to ensure that it covers all forms of modern communications

- I will also consider introducing a provision to allow a victim, in very serious cases, apply to the court for an order to prevent the alleged perpetrator from communicating with them in advance of a trial.

Separately, non-fatal strangulation is already an offence prosecutable under the Non-Fatal Offences Against the Person Act 1997. However, I believe that creating a new, standalone offence should encourage victims to come forward and report what has happened to them. It has been shown that this crime can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.

In the summer, I will publish a new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender. This will mean that certain types of crimes can be prosecuted as hate crimes where they are motivated by misogyny.

For other crimes, where there isn’t a dedicated hate-aggravated offence, the new legislation will require the court to take misogyny into account where there is evidence that this was the motivation, to reflect that fact in the sentence, and to reflect the fact that the crime was aggravated by this form of prejudice in the formal record. The aggravated offences will generally carry an enhanced penalty, compared to the ordinary form of the offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime.

Before the end of September, I will publish a new Sexual Offences Bill, which will introduce important changes including:

- Extending victim anonymity to further categories of victims

- Repealing provisions for sentences to be delivered in public

- Legal representation for victims

Separately, I will seek to enact the Sex Offenders Bill within months which will strengthen the management and monitoring of sex offenders in the community.

I will shortly sign an order to bring into operation the Criminal Procedure Act 2021. This Act provides for the use of preliminary trial hearings which will significantly improve the trial process for victims of sexual offences, including by reducing delay and disruption that might re-traumatise victims. They will also allow for sensitive issues to be addressed before the trial starts, such as questioning a victim about their sexual history.

Education and awareness raising are also part of the Government’s fight against sexual and gender-based violence. Over the past number of years, the Department of Justice have been working to raise awareness generally about how we, as a society, need to stop excusing unacceptable behaviour.

The No Excuses campaign highlights this determination to challenge people and the culture, prejudice and values that allow any form of sexual harassment or sexual violence. Under the Third National Strategy the Government will continue to work with our partners on raising awareness of DSGBV and on changing attitudes to it.

This is an area of work I have prioritised since becoming Minister for Justice, but I know much more needs to be done, and I'm determined to do much more.

Neale Richmond (Dublin Rathdown, Fine Gael)
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489. To ask the Tánaiste and Minister for Justice and Equality if she will consider increasing funding towards organisations dedicated to tackling violence against women; and if she will make a statement on the matter. [3161/22]

Helen McEntee (Meath East, Fine Gael)
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I can assure the Deputy this Government is committed to tackling domestic, sexual and gender-based violence (DSGBV) in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.

The prioritisation of this important work is evident in the increased budget allocations that have been secured this year in order to address such heinous and unacceptable behaviour.

My Department provides funding to support the work of An Garda Síochána to combat such violence. It also provides funding to promote and assist the development of specific support services for victims of crime within the criminal justice system, which of course includes victims of domestic and sexual crime.

Under Budget 2022, a total of €13m was allocated to my Department for this work. This represents an increased allocation of €5.35m on last year which will enable us to roll out specific awareness raising and training programmes to combat domestic, sexual and gender based violence. It will also allow us to provide additional supports to NGOs and specific domestic violence intervention programmes and it will support a number of front line activities.

As part of this, an additional €1.1m will be used to put in place a legal advice and legal aid service in court for victims of sexual violence and €1 million is being provided to the Garda vote to refurbish and upgrade the Divisional Protective Service Units. This will allow us to better support and protect vulnerable victims.

In 2021, Tusla allocated €28m in core funding for DSGBV services plus €2m in contingency funding to address challenges arising from Covid-19. Funding for DSGBV has increased from €23.8m in 2018 to €30m in 2022. Further funding and resources will be allocated to address the recommendations arising from Tusla’s Accommodation Review.

As the Deputy may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. The new Strategy will be structured around the four pillars or goals of the Istanbul Convention which are

- Prevention

- Protection

- Prosecution

- Co-ordinated Policies

Under each of these high level objectives there will be a number of specific aims listed but the Strategy and aims will be high level in tone and content.

A detailed action plan setting out how each of these aims will be achieved, who is responsible for them and the timeframe for delivery is currently being drafted with the sector so that it is targeted, ambitious and deliverable.

In the coming weeks, I will be inviting feedback through a focused consultation process on the final draft to ensure the Strategy reflects the areas that people feel need the most attention.

I expect to bring the finalised strategy to Government in March, and I will oversee the implementation of the strategy.

Last year, on foot of the audit, it was agreed that the Department of Justice will continue to have lead policy responsibility for DSGBV. My Department will also assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to policy responsibility.

A detailed plan for how this will work is in preparation and will be brought to Government for decision.

Neale Richmond (Dublin Rathdown, Fine Gael)
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490. To ask the Tánaiste and Minister for Justice and Equality if she will outline a schedule of funding for organisations tackling violence against women to ensure that their work is sustainable to ensure retention of staff and specialisation; and if she will make a statement on the matter. [3163/22]

Helen McEntee (Meath East, Fine Gael)
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I can assure the Deputy that I am deeply committed to tackling domestic, sexual and gender based violence in all its forms, and to supporting victims of such heinous crimes.

As the Deputy may be aware, my Department provides funding to promote and assist the development of specific support services to victims of crime, including victims of domestic and sexual crime, within the criminal justice system. Our commitment in this area is reflected in the additional funding that has been secured by my Department under Budget 2022. A total of €13m has been allocated to further our work in these important areas.

This includes an additional €2.4m allocated for specific awareness raising and training programmes on domestic, sexual and gender based violence (DSGBV), bringing to €5.35m the funding available for combatting DSGBV.

€4.9m has been allocated to supporting Victims of Crime – this includes the retention of emergency COVID-19 funding of €400k and an additional €785,000 in direct supports to NGOs and specific domestic violence intervention programmes

An additional €1.1m will be used to begin putting in place a legal advice and legal aid service in court for victims of sexual violence.

And an additional €1 million is being provided under the Garda Vote to refurbish the Divisional Protective Service Units.

The additional funding secured under Budget 2022 will allow us to continue to build on the work undertaken since I have taken office in this Department. We will continue to improve the system for victims, to better support them and through various means to raise awareness of, and to combat, all forms of domestic, sexual and gender based violence.

I am unable to provide the Deputy with a detailed breakdown for 2022 as the final allocations have not been finalised.

In addition to the above, a review of the supports and funding of civil society organisations providing frontline services was conducted to identify where gaps may exist and how to bridge them. Specific geographical areas and categories of victims that are not adequately covered by NGO supports have been identified and my Department agreed revised funding of €445,000 to ensure that we fill the gaps in supports and categories of victims identified.

To promote more sustainable service delivery and planning, we are also offering multi-annual funding commitments to key NGOs we work with and where funding covers staff salaries. These funding grants cover accompaniment to court, to Garda interviews and to sexual assault treatment units and emotional support.

Tusla has statutory responsibility for the care and protection of victims of domestic, sexual and gender-based violence. I have been informed by Minister O'Gorman that he has secured an increase of €41m for Tusla under Budget 2022 which includes the budget for funding organisations that deliver frontline services, including the funding of refuge spaces. Since 2014, this part of Tusla's budget has almost doubled from €17.5m to €30m in 2021.

As I am sure the Deputy is aware, last week it was announced that my Department is going to assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to the policy responsibility that my Department holds. We are currently working on a detailed plan for how this will work which will be brought to Government.

I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.

The Strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out.

In the coming weeks, I will be inviting feedback through a focused consultation process on the final draft to ensure the Strategy is correctly emphasising the areas that people feel need the most attention.

I expect to bring the finalised strategy to Government in March, and I will oversee the implementation of the strategy.

Neale Richmond (Dublin Rathdown, Fine Gael)
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491. To ask the Tánaiste and Minister for Justice and Equality if she will fund the Rape Crisis National Advocacy Programme Pilot to ensure that every survivor of sexual violence has access to a professional advocate as opposed to the current volunteer led service; and if she will make a statement on the matter. [3165/22]

Helen McEntee (Meath East, Fine Gael)
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I want to assure the Deputy that I am deeply committed to tackling domestic, sexual and gender based violence in all its forms, and to supporting victims of such heinous crimes.

I understand that a group led by the Rape Crisis Network is examining the issue of putting a full-time professional advocacy service in place to replace the existing volunteer-led court accompaniment services funded by my Department.

As the Deputy will be aware, my Department operates a funding scheme for NGOs who provide specific supports to victims of crime, which of course includes victims of sexual violence. These services provide important information and support, including emotional support, court accompaniment, and accompaniment to Garda interviews, to sexual assault treatment units and referral to other services.

Under this scheme, organisations that provide support to victims of sexual crime, such as Rape Crisis Centres, can apply to receive funding. I should also say that many of the other organisations who receive funding from the Victims of Crime fund, such as Women’s Aid and the Crime Victims Helpline, also provide support to victims of sexual violence, even if that is not their primary remit.

Our commitment in this area is reflected in the additional funding that has been secured by my Department under Budget 2022 with a total of €4.9m allocated to Victims of Crime. This includes the retention of emergency COVID-19 funding of €400,000 to address the impact of the pandemic on support services and an additional €785,000 in direct supports to NGOs and for specific domestic violence intervention programmes. This will be important to ensure the momentum gained in supporting victims of domestic and sexual violence throughout the pandemic continues to grow.

As part of the implementation of Supporting a Victims Journey, we carried out a review of the supports and funding of civil society organisations providing frontline services to identify where gaps exist. At the end of last year, I announced an additional €445,000 in funding for 18 organisations to bridge the gaps identified. One outcome of this is that court accompaniment services will now be available to all victims regardless of their location.

Supporting a Victims Journey is a detailed roadmap for giving full effect to the O’Malley recommendations. It includes a commitment to provide for preliminary trial hearings and the recently enacted Criminal Procedure Act delivers on that commitment. This legislation introduces key changes to how questioning on prior sexual history will unfold at trial. Other than in exceptional circumstances, the Act requires an application to question a victim on their prior sexual history to be made at a preliminary trial hearing, before the commencement of the trial. This will be of great help to victims in removing uncertainty around what they may face.

The implementation ofSupporting a Victim's Journeywill also ensure the victim's right to have the same legal representation at the preliminary trial hearing and during the trial itself if an application to question them about prior sexual history is made at the preliminary trial hearing and is granted. In such a case, the recommendations also require the Legal Aid Board to endeavour to ensure that the victim is represented by counsel of a level of seniority similar to counsel representing the prosecution and defence.

The victim will also be entitled to their own, dedicated legal advice and support throughout the process (not just during the court case) and will be entitled to legal aid for this purpose.

Under Budget 2022, I have secured an additional €1.1m to be used to begin putting in place a legal advice and legal aid service in court for victims of sexual violence. My Department will examine any recommendations or applications that are submitted when the work being led by the Rape Crisis Network is complete, in particular what the rationale may be for discontinuing the existing volunteer-led service and whether this idea commands support across the sector.