Written answers

Thursday, 9 October 2025

Department of Justice and Equality

Domestic, Sexual and Gender-based Violence

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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17. To ask the Tánaiste and Minister for Justice and Equality his views on whether the powers available to An Garda Síochána are adequate to address instances of domestic, sexual and gender-based violence at present; if data available to him suggests that there may be a lacuna in law at present whereby, during the time in which it takes to issue and serve a barring order, there is a heightened risk for a victim; if he is considering means to address this; and if he will make a statement on the matter. [54192/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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An Garda Síochána and my Department are continuing to work hard to strengthen trust and confidence in the system so that victims will feel confident in coming forward to report what has happened to them and perpetrators are brought to justice.

Actions aimed at improving access to justice for victim and survivors, and strengthening the policing of DSGBV include:

  • Implementation of the Family Courts Act 2024 with a focus on the needs of victim-survivors of DSGBV including children;
  • Further strengthening of protections for victims in sexual offences trials from a victim-survivor perspective;
  • Implementation of priority recommendations from the Study on Familicide & Domestic and Family Violence including around guardianship rights and coordination of multi-agency responses;
  • Expanding the management of high-risk offenders through Operation Devise to protect those in intimate relationships with perpetrators of DSGBV-related offences; and
  • Delivery of DSGBV core training and Continuous Professional Development to all members of An Garda Síochána.
I am informed by An Garda Síochána that depending on the circumstances of any given domestic abuse case, there are a number of fundamental measures they routinely undertake, such as supporting the victim to obtain a domestic abuse order, providing information in relation to domestic abuse support services, ensuring a proactive arrest policy where there is clear evidence that an offence such as assault causing harm; criminal damage; threats to kill; stalking and harassment has occurred.

Members of An Garda Síochána who respond to these incidents utilise a specific risk evaluation tool that assesses and identifies relevant risks to the victim to determine the best course of action to be taken to manage these risks.

Gardaí also ensure that system warnings are placed on locations to alert responding Gardaí to a high-risk location or individual.

I am further informed that, through Operation Devise, if a person is in a relationship with someone previously connected to an incident of domestic homicide, or other serious offences related to domestic violence such as non-fatal strangulation, coercive control and there is evidence of domestic abuse in that current relationship, An Garda Síochána can intervene as follows:
  • by visiting the new partner and provide information regarding safety planning and national/local support services;
  • monitoring by the Divisional Inspector of any further domestic abuse incidents to ensure appropriate follow up; and
  • giving consideration to the procedures to be adopted in responding to threats to persons and subsequent action plan to mitigate risk.
While this operation does not facilitate disclosure of previous offending by their partner, it allows An Garda Síochána to mitigate the risks as much as possible to the potentially vulnerable partner.

Separately, Divisional Protective Service Units (DPSUs) have now been rolled out to all Garda Divisions across the country. This ensures that when vulnerable victims of crimes such as sexual and gender-based violence present to Gardaí they can be immediately met with specialist assistance.

In relation to barring orders and their service, I’m informed that these proceedings are prioritised by the Courts. They are issued immediately by court clerks and served on the respondent, usually be registered post and in some instances they may be served by An Garda Siochana. These orders are also emailed to the member of the Garda Síochána station for the area in which the applicant resides. A respondent cannot be expected to comply with an order unless he/she is actually aware that it has been made.

I am advised that where an applicant believes that service of the order will be an issue, they may advise the Court when the order is being made and the Judge may direct service by alternative means such as digital means.

This mode of service may also be directed where an order cannot be served and an application for substituted or other service has been made. I am advised by the Courts Service that such applications are uncommon.

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