Aindrias Moynihan (Cork North West, Fianna Fail)
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546. To ask the Tánaiste and Minister for Justice and Equality the measures in place for victims of domestic violence under the current restorative justice systems; what further measures are being considered for these victims; and if she will make a statement on the matter. [29737/24]

James Browne (Wexford, Fianna Fail)
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As the Deputy will be aware, restorative justice is a criminal justice process which has been shown, through mediation, to help victims recover from crime, reduce re-offending and save public resources. It is one of a suite of measures available to the criminal justice system.

It is delivered by the Probation Service both pre- and post-sentence; by An Garda Síochána within the Garda Youth Diversion Programme, and by Community-Based Organisations (CBOs) that receive referrals at specific points in the criminal justice process.

Restorative justice processes are available to all victims of all crime in this country, including domestic violence, as per the Criminal Justice (Victims of Crime) Act 2017.

The Probation Service Restorative Justice and Victims Services Unit (RJVSU), which was established in 2018 to provide support and training to Probation teams across the country, is the single point of contact for all victims who contact the Probation Service. This service provides support and information to victims upon request. If further support is needed for victims of domestic violence, the unit will refer them on to the appropriate service.

Best practice dictates that all restorative justice processes, especially those relating to domestic violence cases, are victim led. That is to say that it is always in hands of the victim to decide if they wish to proceed with the restorative justice process.

Any request for restorative justice from a victim of domestic violence is responded to by the Probation Service with the utmost of care, given the imbalance of power in intimate partner abuse situations. The Probation Service is a competent authority with designated staff who are trained practitioners, equipped to assess each case very carefully and sensitively.

A comprehensive risk assessment is carried out on each case and restorative justice processes will only proceed if it is deemed safe to do so. It is also important to emphasise that the victim has the right to withdraw their permission and consent from the process at any stage.

In addition to the direct support and training provided by the Restorative Justice and Victims Services Unit, the Probation Service currently provides €787,770 in funding to five community-based organisations to provide dedicated restorative justice programmes.

Other Probation Service-funded CBOs also use restorative approaches in their work with clients to promote respectful relationships and address the harm caused by their offending.

In 2023, Minister James Browne published the Department of Justice’s policy paper ‘Promoting and supporting the provision of Restorative Justice at all stages of the criminal justice system’. The paper affirmed the Probation Service’s role in driving developments in this area and commits to providing dedicated funding to support expansion of restorative justice services.

The total budget allocated to the Probation Service for Services to Offenders for 2024 is €20,032,000, an increase of €1,500,000 in overall funding. €250,000 of the funding has been earmarked to further expand the network of CBOs in the delivery of enhanced restorative justice services and funding of €65,000 has already been provided to Restorative Justice in the Community (RJC) to enable the expansion of restorative justice Services into the Midlands.

The Probation Service is currently in the process of finalising a 3-year Restorative Justice Action Plan to drive out the integration of restorative justice into Probation Service practice and to enable the expansion of restorative justice provision nationally.