Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Domestic Violence (Amendment) Bill 2023 is a Private Members’ Bill (PMB) introduced in Seanad Éireann by Senator Vincent Martin earlier this year. This PMB sought to amend the Domestic Violence Act 2018 to protect victims of coercive control, by allowing the Court to prohibit the accused from personally cross-examining victims and children when they are giving evidence during a trial for this offence.

I consider that the intention behind the PMB has merit. Its aim is in line with Government policy, in particular, with commitments to protect victims of domestic violence as set out in the Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV). It also complements the approach of the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences. On my recommendation, Government agreed not to oppose this PMB at Second Stage in the Seanad.

My Department is currently engaged in developing legislation to implement the recommendations of the O’Malley Review. This will strengthen the rights of victims of sexual offences, ensure anonymity for victims in all trials for sexual offences and extend the victim’s rights to separate legal representation. In this context, my Department had already been considering how to strengthen protections for other vulnerable victims, such as victims of coercive control, forced marriage, stalking and harassment, to minimise potential re-traumatisation and intimidation during trial.

In relation to the issue raised in Senator Martin’s PMB, I am bringing forward legislation to address this – and protect vulnerable victims more broadly – by means of an amendment to the Criminal Evidence Act 1992. The 1992 Act already provides protection against cross-examination in person for children and victims of sexual offences. The amendment will broaden the scope of this protection to ‘relevant offences’ within the meaning of the 1992 Act. ‘Relevant offence’ encompasses sexual offences, offences involving violence or the threat of violence, coercive control, forced marriage and specified offences under child pornography and human trafficking legislation, and will be expanded to include stalking and harassment offences. The amending provision is contained in the Criminal Justice (Miscellaneous Provisions) Bill 2023, which is currently making its way through the Houses.

This legislation will allow for strengthened protections to safeguard victims from repeat victimisation, intimidation or retaliation for offences which by their nature, are likely to be traumatic for victims.

Helen McEntee (Meath East, Fine Gael)
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The Study on Familicide and Domestic and Family Violence Death Reviews addresses a very difficult but very important subject.

Most of us cannot begin to understand the impact of something like this unless we have lived through it and I would like to express my gratitude to the families who engaged in the process leading up this report and for giving of themselves and their time.

We really needed to hear that lived experience to understand where the system is working and, more importantly, where it is not working.

Fundamentally, of course, we want to try to prevent such incidents from happening as much as possible. But, where they can’t be prevented, we want to ensure the whole system responds appropriately to ensure that individuals and communities are supported.

As the Deputy is aware, the report has been published. It is now being examined by my Department. We will work closely with families in taking forward this work and I will announce further details in the autumn.

The report itself is comprehensive and far reaching, containing a large number of recommendations of varying degrees of complexity.

A number are already being progressed through my Department’s work to tackle domestic abuse and protect victims. Others will require further examination by three new groups that will assist in taking this work forward.

A cross-functional Interdepartmental Group (IDG) will be established by my Department to examine how to bring forward, if suitable, other recommendations contained in the study, including through our implementation of the Third National Domestic, Sexual and Gender-based Violence (DSGBV) Strategy.

In addition, and to assist in the examination of cross-cutting recommendations, a small advisory group of relevant NGOs will be established for consultation as part of the implementation process.

I have also committed to an advisory committee drawn from the families of victims who will work with my Department on the recommendations. There are recommendations that will require us to work with the families to see how we can deliver what the intention behind the recommendation was in a way that works for everyone and I look forward to continued engagement with the families as we progress this.