Written answers

Thursday, 27 June 2024

Department of Justice and Equality

Domestic, Sexual and Gender-based Violence

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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201. To ask the Tánaiste and Minister for Justice and Equality the steps she will take to combat lenient sentencing in cases of violence against women; and if she will make a statement on the matter. [27683/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Judiciary are independent in their functions subject only to the constitution and the law, and this of course includes determining what sentence is handed down in any case. The constitutionally protected separation of powers is a corner stone of our systems of criminal justice and of democracy and something that no elected official can interfere with.

When it comes to sentences, an important safeguard rests in the power given to the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993. Under this provision, the DPP, and only the DPP, may apply to the Court of Appeal to have a sentence reviewed if it appears to the DPP that the sentence imposed in a case is, in law, unduly lenient.

Again, it is not open to an elected official, or any other person, to direct the DPP to take this step. It is a decision reserved for the DPP based on their evaluation of the sentence handed down. Further information in relation to sentencing and appeals can be found on the DPP’s website at the following link:

While this separation of powers exists to ensure equity and justice, I can assure the Deputy that since my appointment as Minister for Justice, I have been working to ensure that we have appropriately robust legislation in place to hold perpetrators of domestic, sexual, and gender-based violence (DSGBV) crimes to account, and improved supports and process in place to better support victims of these horrific offences.

In 2022, I published our five-year Zero Tolerance Strategy on DSGBV which sets out an ambitious, whole of government, programme of reform to achieve a society which does not accept DSGBV or the attitudes which underpin these crimes.

One of the actions delivered under that strategy was increasing the maximum sentence for assault causing harm, one of the most commonly prosecuted offences in domestic abuse cases, from five years to 10 years.

I have also introduced stand-alone offences of stalking and non-fatal strangulation, broadened the offence of harassment and criminalised the sharing and threat to share intimate images. Again all unfortunately features of domestic abuse cases.

To further strengthen our response I have established Cuan, the new statutory DSGBV Agency. Cuan will be key to delivering on the ambition of our zero tolerance strategy, including in relation to prevention, education and awareness raising, training for all who come into contact with vulnerable victims (including the legal professions) and ensuring the right supports are there to protect and support victims of these hideous crimes.

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