Cathal Crowe (Clare, Fianna Fail)
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33. To ask the Tánaiste and Minister for Justice and Equality if she has any plans to review the current procedures relating to access to protection orders; and if she will make a statement on the matter. [26074/22]

Helen McEntee (Meath East, Fine Gael)
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I understand from clarifications provided, that the Deputy is referring to the procedures in place when a victim of domestic violence first makes contact with the Gardaí, and officers assess risk as part of the assistance they provide to the victim.

As the Deputy will be aware, An Garda Síochána play a vital role in how we, as a State, work together to combat domestic violence and support victims.

It is important to note that all Gardaí are trained as first responders so they are equipped to deal with victims, including victims of domestic violence. 

Last year, An Garda Síochána devised mandatory online training for its personnel in the area of domestic abuse, which is a comprehensive training package consisting of instructor-led videos presented by subject matter experts from the Garda National Protective Services Bureau (GNPSB).  It also includes periodic knowledge checks and supporting materials

I'm informed by the Commissioner that the service is currently implementing the Risk Evaluation Tool, which went live in the North Western Region on 30th September 2021, Southern Region on 15th February 2022 and Eastern Region on 30th April 2022, with training underway in the Dublin Metropolitan Region. 

This tool essentially assesses the level of risk associated with a victim of domestic abuse for each reported incident and it informs and guides the Garda response in respect of the investigative and/or protective measures to be considered and implemented for all domestic abuse incidents and victims. 

It further prompts the relevant Superintendent to appoint the appropriate skilled investigator. 

As stated and reinforced both in the training for the Risk Evaluation Tool and in the domestic abuse training delivered across the Garda organisation, the primary responders and investigators for domestic abuse incidents and investigations are frontline uniformed and detective Gardaí.

It is important to note also that An Garda Síochána has now established a Divisional Protective Services Unit (DPSU) in every Garda division across the country. This ensures that vulnerable victims of crimes, such as domestic abuse and sexual violence, presenting to Gardaí are met with specially trained Gardaí who can provide a consistently high standard of specialist, sensitive, professional and expert assistance.

Under Budget 2022, an additional €1m is being provided to An Garda Síochána specifically to refurbish and upgrade the Divisional Protective Service Units. This commitment will allow us to better support and protect vulnerable victims.

In addition, the rollout of body worn cameras, as provided for in the Garda Síochána (Digital Recording) Bill 2022, the General Scheme of which was published last month, will be particularly helpful to Gardaí when called as first responders to domestic abuse incidents.

Both the Commissioner and I are committed to tackling domestic, sexual and gender-based violence in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities. 

Colm Burke (Cork North Central, Fine Gael)
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34. To ask the Tánaiste and Minister for Justice and Equality her legislative priorities in relation to tackling domestic, sexual and gender-based violence; and if she will make a statement on the matter. [26075/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, I am currently leading work on a new whole of Government strategy to combat domestic, sexual and 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 of domestic, sexual and gender-based violence.

As part of this, I am focused on strengthening legislation to combat all forms of DSGBV.

I recently secured Government approval to draft legislation to make stalking and non-fatal strangulation standalone offences.

While both stalking and non-fatal strangulation are already crimes, I am proposing a number of changes to make the law in this area clearer and stronger.

These new provisions, which will be included in the Criminal Justice (Miscellaneous Provisions) Bill, will:

- Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence

- Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution

- Strengthen procedural protections for alleged victims of stalking during the court process

- Introduce a standalone offence of non-fatal strangulation

The evidence is that when a specific stalking offence is introduced, it leads to a greater awareness of the crime and an increase in the number of crimes reported and ultimately prosecuted.

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 in certain circumstances

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

Under Justice Plan 2022, I have committed to examine reforms to the law on the mandatory life sentence for murder to allow judges set a minimum number of years to be served.  I believe this reform will give the public more confidence that, in the most heinous murder cases, judges will have the discretion to set a minimum sentence.