John O'Donoghue
Question:4 Mr. O'Donoghue asked the Minister for Justice if she will introduce legislation giving new powers of arrest to the Garda in cases of domestic violence; and if she will make a statement on the matter. [5382/95]
Ceisteanna—Questions. Oral Answers. - Garda Powers of Arrest.
I believe that existing powers of arrest for the Garda in domestic violence cases need to be clarified and extended.
I am at present in consultation with the Minister for Equality and Law Reform about the form of a section, dealing with the powers of arrest for gardaí in domestic violence cases, to be included in a domestic violence Bill which he will introduce shortly.
I can inform the House that in 1994 the Garda Commissioner issued a policy document on the procedures to be followed by the Garda in incidents of domestic violence. This policy document sets out the manner in which investigations should be conducted, and reported. It also states that where a power of arrest exists in respect of a domestic violence incident, that power should be exercised and the offender charged.
In relation to powers of arrest generally I am currently discussing with the Attorney General the text of a criminal law Bill, the aim of which is to update and clarify the law in this area.
Would the Minister agree that the primary difficulty seems to be that offences are classified as misdemeanours and felonies and that it is not possible to arrest on foot of a misdemeanour? Will the Minister accept that it would be preferable to have offences classified as arrestable and non-arrestable offences without further delay?
I accept that the existing laws, which in many cases date back to the last century, require updating and clarification. This we are proposing to achieve through the domestic violence legislation to be introduced by the Minister for Equality and Law Reform. The powers of entry to premises without a warrant are tied into arrest laws, and this matter will also be clarified.
It is important to emphasise that legislation already exists under which the Garda can exercise powers of arrest, for example, the Family Law (Protection of Spouses and Children) Act, 1981, the Criminal Damage Act, 1991, the Offences Against the Person Act, 1861, section 18, the common law breach of peace, the Dublin Police Act, 1842 and the Criminal Law (Rape) (Amendment) Act, 1990 which abolished any rule of law by virtue of which a man could not be guilty of the rape of his wife. The document which the Garda Commissioner has circulated to all Garda stations has spelt out clearly for the Garda what their powers are and also instructs that where a power of arrest exists the arresting member will utilise his or her power to arrest and charge the offender. Deputies will note that often in cases of domestic violence it happens that when the Garda arrive one or other person in the midst of that violence asks the gardaí not to arrest, and that must be taken into account. There are at least protocols for the Garda to fulfil and the Commissioner keeps a constant watch on that.
Would the Minister consider it beneficial to have a system of mandatory Garda recording of incidents of domestic violence?
This is an area of crime that has not been properly recorded. It is mainly voluntary groups who have made available most of the information on which we work. That is why I am anxious to ensure that recording and statistics-gathering are more effectively done than has been the case for a long time. I hope over the next year there will be changes in that area.
I am taking Question No. 5 in ordinary time as the time available for Priority Questions is exhausted.