Brendan Smith (Cavan-Monaghan, Fianna Fail)
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544. To ask the Tánaiste and Minister for Justice and Equality the proposals there are to amend domestic violence legislation taking in to account that safety orders and protection orders do not extend to siblings; and if she will make a statement on the matter. [29709/24]

Helen McEntee (Meath East, Fine Gael)
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I am committed to combatting all forms of domestic violence and to ensuring we have an effective legislative response to tackle this heinous crime.

Under section 6 of the Domestic Violence Act 2018, a safety order is available to an applicant who, being of full age, resides with the respondent in a relationship the basis of which is not primarily contractual. While it is up to a court to interpret and apply legislative provisions, section 6 does not exclude siblings from applying for a safety order.

While there are currently no plans to extend the range of persons who can apply for safety and protection orders, I would like to assure the Deputy that all civil and criminal legislation is kept under review and I will consider any changes necessary to ensure it remains effective, proportionate, and fully compliant with due process and the Constitution.

I have strengthened our laws in this area and broadened the scope of how we define domestic violence, to ensure that more forms of abuse are recognised and punishable under the law.

Last November, under the Criminal Justice (Miscellaneous Provisions) Act 2023, I doubled the maximum sentence for assault causing harm; from five to ten years - one of the most commonly prosecuted offences in domestic and gender-based violence cases.

This act also introduced new stand-alone offences of stalking and non-fatal strangulation, both offences are common ways in which abusers target victims.

The Act also widens the existing offence of harassment to include any conduct that seriously interferes with a person’s peace and privacy, or causes alarm, distress, or harm and expands protections for victims in both the criminal and civil processes, including by, for example, putting restrictions on the publication of the victim’s identity, on cross-examination in person by the accused, and widening the ability to give evidence via video-link, or from behind a screen.

The 2023 Act also introduces a new system of civil orders designed to prevent stalking and protect victims. These orders represent an important first step in addressing stalking behaviour by allowing for earlier intervention without requiring the level of proof needed to secure a criminal conviction. An affected person, or a member of the Garda Síochána acting on their behalf, can apply to the District Court for an order prohibiting another person from engaging in relevant conduct.

This new approach extends protections currently available to certain victims under the Domestic Violence Act 2018 to all victims of stalking behaviour, regardless of their relationship with the perpetrator. These civil orders complement the criminal post-conviction orders available when a person has been found guilty of harassment or stalking offences.

Given that this is an entirely new system, commencement is dependent on proper legal and operational preparations, including the drafting and adoption of new rules of court. However, preparations are at an advanced stage, and I expect to be in a position shortly to formally set the commencement date for the civil orders provided for under Part 5 of the 2023 Act to come into operation.