Written answers

Tuesday, 9 April 2024

Department of Justice and Equality

Domestic Violence

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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849. To ask the Tánaiste and Minister for Justice and Equality if her Department or a body under the aegis of her Department has data available on the number of people charged or convicted under the provisions of section 38 of the Domestic Violence Act 2018 (details supplied) from 2019 to date; and if she will make a statement on the matter. [14067/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Garda Commissioner is responsible for the management of An Garda Síochána, and all Garda operations, including the recording of charges.

In relation to the recording of convictions, the Deputy will also be aware that management of the courts, including operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie

To be of assistance, I have contacted both agencies on the Deputy's behalf.

A search of the PULSE database was conducted on 26 March 2024 to identify any valid charges or summons created to date which referenced section 38 of the Domestic Violence Act 2018, however none were identified.

Separately the Court Service has no prosecutions recorded for offences that have been coded under section 38 of the Domestic Violence Act 2018.

By way of further clarification, the Court Service can only provide data in relation to where offence codes provided on the system were used by prosecutors.

Prosecutors may have used un-coded free text offences, for which it is not possible to provide statistics.

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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850. To ask the Tánaiste and Minister for Justice and Equality to provide an update on the work her Department has undertaken to develop policy proposals or evaluations of the effectiveness of domestic violence disclosure schemes in reducing the incidents of domestic and family violence or improving perpetrator accountability; and if she will make a statement on the matter. [14068/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Combatting domestic, sexual and gender-based violence remains an absolute priority for this Government, for my Department and for An Garda Síochána and I am committed to strengthening our legislation and to ensuring we have the most appropriate processes and procedures in place to do this.

I am also very conscious of how harmful the consequences of this type of crime can be for victims and I am continuing to work to make sure that victims and survivors of these terrible crimes have access to the full range of supports and services they need and to ensuring that we have a criminal justice system that supports them.

Reforming our criminal justice system to make it more victim centred criminal justice system was the focus of our work to implement the recommendation of the O'Malley review as set out in Supporting A Victims Journey and now our Zero Tolerance Strategy to combat Domestic, Sexual and Gender-based Violence (DSGBV), builds on the reforms already introduced.

Under our Zero Tolerance Strategy we have enacted stronger legislation to combat DSGBV, including by introducing new standalone offences for stalking and for non-fatal strangulation and by doubling the maximum sentence for assault causing harm, a very common charge in domestic violence cases.

And I am progressing legislative provisions which will -

- Strengthen the law on consent,

- Extend victim anonymity to further categories of victims,

- Repeal provisions for sentences to be delivered in public, and

- Make provision for legal representation for victims in certain cases

Central to delivering on the Zero Tolerance goal of the Third National Strategy was the establishment of Cuan, the statutory based domestic, sexual and gender-based violence agency which I was delighted to formally open in February of this year.

Cuan has a mandate to drive the implementation of the strategy across Government, bringing the expertise and focus required to tackle this complex social issue and it will work collaboratively with the NGO and DSGBV services sector to ensure that the best possible services are in place to meet the needs of victims and survivors.

In line with the commitment made in the third national strategy, my Department is looking at how the protective role of An Garda Síochána can be strengthened by putting in place a proactive policy whereby AGS will reach out to persons who are at serious risk in intimate relationships.

Officials in my Department are engaging with An Garda Síochána to address all of the practical and legal issues involved with a view to finalising policy proposals to present to me later this year.

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