Matt Carthy (Cavan-Monaghan, Sinn Fein)
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240. To ask the Tánaiste and Minister for Justice and Equality to outline how a victim of sexual violence can secure a protection order against a convicted perpetrator where that victim has reason to fear for their safety following the release of the perpetrator; and if he will make a statement on the matter. [55918/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Government is committed to ensuring that victims of sexual violence feel safe and supported. Victims who have reason to fear for their safety following the release of a convicted perpetrator have several legal avenues to seek protection.

The Domestic Violence Act 2018 provides for applications to be made to court which are tailored to the level of risk and urgency faced by the victim. These range from temporary emergency orders to longer-term safety and barring orders. The Deputy will be aware that Section 24 of the Domestic Violence Act 2018 provides that a member of An Garda Síochána, not below the rank of sergeant can request the Courts Service to arrange a special sitting of the District Court for the purposes of an out-of hours application for an interim barring order, protection order or emergency barring order. This provision is a further protection measure for victims.

Where An Garda Síochána believe that a convicted offender poses a serious and imminent risk to the public, an application can be made to the courts for a Sex Offender Order under section 16 of the Sex Offenders Act 2001. A Sex Offender Order can prohibit the offender from doing anything the Court considers necessary, in order to ensure that the public is protected from serious harm. The Sex Offenders Act 2001 also provides that a Court can impose conditions on a convicted sex offender as part of their post-release supervision, where a judge has included this as part of sentencing. In addition, the commencement of the Sex Offenders (Amendment) Act 2023 has strengthened our already robust system for monitoring sex offenders.

The Criminal Justice (Miscellaneous Provisions) Act 2023 introduced a new system of civil orders designed to prevent stalking and protect victims. While not an exhaustive list, such orders can prohibit an offender from following or communicating with a victim, or approaching, within such distance as the court shall specify, the place of residence, education or employment of a victim. 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. The order can last for a period of up to 5 years and the Criminal Justice (Miscellaneous Provisions) Act 2023 makes provision for the renewal of 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.