Written answers

Thursday, 16 February 2023

Department of Justice and Equality

Domestic, Sexual and Gender-based Violence

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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61. To ask the Tánaiste and Minister for Justice and Equality when he anticipates that Ireland will be compliance with its obligations under the Istanbul Convention; and if he will make a statement on the matter. [7657/23]

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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73. To ask the Tánaiste and Minister for Justice and Equality the steps he is taking to fulfil the State’s obligations under the Istanbul Convention to address gender based violence [7412/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 61 and 73 together.

Ireland formally ratified the Istanbul Convention on 8 March 2019 (International Women’s Day), having given full effect to all obligations required of it. This was achieved through the completion of an extensive action plan incorporated into the Second National Strategy on Domestic, Sexual and Gender-based Violence.

This work included the enactment of a number of significant pieces of legislation required to give effect to the Convention in Irish law, including -

- The Criminal Justice (Victims of Crime) Act 2017 which gave all victims of crime, including victims of domestic and sexual violence, an entitlement to information about the criminal justice system and their case, and which supports special measures during investigation and court proceedings if necessary,

- The Criminal Justice (Sexual Offences) Act 2017 which enhanced the protections for some of the most vulnerable people in the community. Importantly, this Act introduced a statutory definition of ‘consent’ to a sexual act, which provides legal clarity,

- The Domestic Violence Act 2018. The enactment of this ground breaking legislation was a major step towards Ireland’s ratification of the Istanbul Convention. The Act improves the legal protections available to victims of domestic violence and it delivered a number of the Istanbul Convention actions such as the introduction of a new criminal offence of forced marriage and extending access to emergency barring orders, and

- This Criminal Law (Extraterritorial Jurisdiction) Act 2019.

Other necessary actions for the ratification of the Istanbul Convention incorporated into the Second National Strategy were:

- The development and delivery of education and training modules to specific target groups in the public sector including An Garda Síochána, the Courts Service, Tusla (Child and Family Agency) and the Health Service Executive (HSE);

- The development and implementation of a Risk Assessment Matrix by An Garda Síochána for all victims of domestic violence and sexual crime;

- The implementation by Tusla of two integrated national 24 hour helplines to respond to the issues of domestic violence and sexual violence; and

- The provision of support for child witnesses of domestic and sexual violence

The Third National Strategy, which is our most ambitious, is structured around the four pillars of the Istanbul Convention – Protection, Prevention, Prosecution and Policy Co-ordination and builds on what has been achieved under the Second National Strategy.

The accompanying implementation plan contains 144 detailed actions which are assigned to my Department and other agencies and Departments across Government. Subsequent implementation plans will be published annually during the lifetime of the Strategy. I am pleased to report that progress is being made and I will publish regular updates on each of the 144 actions.

Under the Third National Strategy we will double the number of refuge spaces, bringing it to 280. This will be the fastest ever expansion of refuge spaces and will bring us some of the way to meeting the Istanbul guidance for the recommended number of refuge places.

The Government has agreed to prioritise the delivery of 98 refuge spaces in Sligo, Cavan/Monaghan, Cork City, North Cork, West Cork, Dún Laoghaire-Rathdown, Westmeath, Portlaoise, Balbriggan, Longford, Carlow and Offaly. In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan in 2024.

In addition, it may interest the Deputy to know that under the Third National Strategy, we have committed to establishing a statutory based DSGBV agency under the remit of my Department. This new Agency will ensure there is a permanent and dedicated focus on this important area of work.

Last week, my Department led a co-design workshop with civil society partners to look at how the Agency should operate in practice and in the coming weeks I will seek Government approval for the draft General Scheme of the Bill to establish it. Following approval, the Bill will be drafted as a priority with the intention that the Agency will be established in January next year.

I am also strengthening legislation in this area, including by progressing legislative measures which will:

- double the maximum sentence for assault causing harm to 10 years;

- introduce standalone offences for stalking and non-fatal strangulation;

- enact the sex offenders bill to improve the monitoring of sex offenders; and

- introduce a new Sexual Offences Bill to update the law around consent.

I can assure the Deputies that the Government’s commitment to fully implementing our ambitious Third National Strategy will not waver.

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