Thomas Pringle
Question:197. Deputy Thomas Pringle asked the Minister for Justice and Equality if he will consider the implementation of a domestic violence offenders register; and if he will make a statement on the matter. [24600/13]
View answerWednesday, 22 May 2013
Questions (197)
Written answers
A proposal for the development of a register of domestic violence offenders would require careful consideration. One consideration would be as to whether disclosure of information would be restricted to criminal convictions of violence only or would include information on domestic violence orders made under the civil law Domestic Violence Acts 1996 and 2007. As domestic violence orders are made by the courts "in camera", the release of information on the perpetrator would have implications for the privacy of victims.
The implications of the Data Protection Act, 1988 on the possible disclosure of information would also need to be considered, especially in the case of civil orders for which the evidential test is lower than for criminal proofs.
Full consideration of what additional protection such registers might afford over what is presently available would be required. Information from such registers as are available internationally at present vary widely. They are in the main quite restrictive and limited to police personnel. They operate best to identify perpetrators of violence who move between police jurisdictions, as in the United States and the United Kingdom. Ireland is unusual internationally in operating a police force which has a national jurisdiction. Information from the Garda Síochána PULSE system is readily available to all Gardaí attending domestic violence situations.
I also understand that, it is standard practice for An Garda Síochána to act immediately in situations where they have information that a person is at risk and in need of protection.
At present provisions of the Sex Offenders Act, 2001 may apply to convicted sex offenders who have committed an offence within a domestic situation. Under the 2001 Act, information is not made available to the general public but may be made available on a limited "need-to-know" basis in particular cases.
In addition a "Monitoring" or "Protection" Order may be made under Section 26 of the Criminal Justice Act 2007 in relation to serious offences under the Non-Fatal Offences against the Person Act, 1997 (causing serious harm, threats to kill or cause serious harm, and false imprisonment).