Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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553. To ask the Tánaiste and Minister for Justice and Equality if she plans to bring forward legislation to combat the threat of violence posed by the unlawful possession of knives; and if she will make a statement on the matter. [5911/22]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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554. To ask the Tánaiste and Minister for Justice and Equality if she plans to bring forward legislation to respond to the increasing threat posed by knife crime; and if she will make a statement on the matter. [5912/22]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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555. To ask the Tánaiste and Minister for Justice and Equality if in the context of the need to display zero tolerance towards violence against women, she is prepared to introduce new legislation to combat knife crime; and if she will make a statement on the matter. [5913/22]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 553, 554 and 555 together.

Violent crime has no place in our society. Fear of harassment and violence should never be normalised and nobody should have to think about it as they go about their daily life.

As the Deputy will be aware, in line with a commitment in the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour. This forum is considering the effectiveness of existing legislation and looking at proposals for new ways forward, including whether new powers for Gardaí and additional interventions to support parenting of offenders are needed. Members of the Forum, which I chair, include An Garda Síochána, Government Departments, community groups, business community members and NGOs.

The Forum is examining a broad range of issues with a focus on developing measures which will counteract the negative impact of ASB on community morale and quality of life. This has included two subgroups established to consider the specific issues of knife crime and the misuse of scramblers and quadbikes. Other subgroups may be established to tackle additional specific issues as required.

The knife crime subgroup are assessing available evidence to inform policy on knife crime, with particular reference to effectiveness of proposals, to inform both legislation and community safety policies, programmes and practices. The work of this subgroup is ongoing and is expected to conclude in Q1 2022.

As the Deputy will be aware, there is a comprehensive and robust legal framework in place in Ireland with respect to knife crime, including heavy penalties for breaches of the laws concerned. Indeed, the maximum penalty in the Firearms and Offensive Weapons Act 1990 for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years in an amendment introduced via the Criminal Justice (Miscellaneous Provisions) Act 2009.

Legislative responses alone will not provide a ready solution and evidence from other jurisdictions indicate that simply adopting harsher penalties will not lead to a reduction in the incidence of these crimes. Our existing five year sentence for knife possession is longer than in the UK, for example, where a four year penalty applies. It is important to note that there are no quick-fix solutions, based on international experience, and longer term, evidence-based strategies are needed.

We will continue to examine all possible options as part of the work of the sub-group, including those undertaken in other jurisdictions, and do our utmost to ensure that our communities are, and feel, safe.

To that end I would appeal to anyone who believes that carrying or using any form of weapon, be it a knife, or even a fist, to stop and think of the lasting damage and consequences of those decisions. Even if you believe that you are protecting yourself, the lasting impact of an assault is felt long after the blow is struck.

As the Deputy will be aware, combatting all forms of domestic, sexual and gender-based violence (DSGBV) is a priority for this Government. This is reflected in budget allocations and in the development of our policy and legislation.

Minister McEntee is leading work on a new whole of government DSGBV strategy which will be the most ambitious to date. It will be structured around the four pillars of Prevention, Protection, Prosecution and Co-ordinated Policies. It will set an overall goal of zero tolerance in Irish society for domestic, sexual and gender-based violence. The Department of Justice will also assume responsibility for services for victims of DSGBV, in addition to policy responsibility.

The Government is also continuing to drive forward the full implementation of Supporting a Victim’s Journey. This will ensure victims of crime are fully supported by our system.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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556. To ask the Tánaiste and Minister for Justice and Equality if she will consider amending the bail laws in order that there will be a presumption against the grant of bail for a person accused of violent assault who already has convictions for violent assault in order to strengthen the protection of women from violent assaults; and if she will make a statement on the matter. [5914/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions.

There is also a constitutional presumption in favour of the granting of bail as, under Irish Law, a person is presumed innocent until proven guilty. The presumption that a person is innocent until proven guilty has traditionally been considered by the courts to prohibit pre-trial detention except where it appeared that the accused person, if released on bail, was likely to evade justice by absconding or interfering with witnesses or evidence.

In the light of concerns at the increase in the incidence of offences committed while on bail, a referendum took place in 1996 on a proposed amendment to the Constitution to allow the courts to refuse bail where there are grounds for believing that the accused will commit serious offences while on bail. The referendum was passed and section 2 of the Bail Act 1997 gave effect to this constitutional amendment which permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person.

The Criminal Justice (Burglary of Dwellings) Act 2015 and the Criminal Justice Act 2017 amended the Bail Act 1997 to make further provision in respect of the criteria to be considered in refusing bail.

The 2017 Act strengthened the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail. Under the Act, the Court is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the granting of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. It is also open to judges to refuse bail for a serious offence where that is reasonably considered necessary to prevent the commission of a serious offence.

Where an accused person is granted bail, the 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any of the bail conditions, the judge will issue a bench warrant. This gives An Garda Síochána power to arrest and bring the person before the court to answer all charges relating to the bail. In the event of a breach of High Court bail, an application is made to the High Court for a warrant and once arrested the defendant must be brought before the High Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge. The judge may also make an order and/or surety for ‘forfeiture and estreatment’ of the bail money.

Separately, I am working to strengthen the legislation in place to combat violence against women and 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

Furthermore, while non-fatal strangulation is already an offence prosecutable under the Non-Fatal Offences Against the Person Act 1997, I believe that creating a new 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.

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

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

Finally, 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.