Dáil Éireann Debate, Thursday - 4 May 2017
46. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to develop a domestic violence emergency response system in the event of high-risk violent offenders that may ignore barring or protection orders. [21150/17]
View answerI have sought information from the Garda Síochána in relation to plans to develop a domestic violence emergency response system in relation to high risk violent offenders ignoring barring or protection orders. I will revert to the Deputy upon receipt of this information.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 46 for answer on 4th May 2017, in which you requested information on the then Tánaiste and Minister for Justice and Equality's plans to develop a domestic violence emergency response system in the event of high risk violent offenders that may ignore barring or protection orders.
As you will recall, the information you requested could not be obtained in the time available, and the then Tánaiste and Minister for Justice and Equality undertook to contact you again.
An Garda Síochána is the emergency response service in all incidents where criminal offences are being committed.
An Order issued under the Domestic Violence Act 1996, as amended, is a direction by the Court to bring the offender before the Court if the order is breached. In the case of a breach of an Order under this Act, members of the public should contact An Garda Síochána immediately by calling 112 or 999.
The breach of an order is a criminal offence. Where a member of An Garda Síochána has reasonable cause for believing that an offence is being or has been committed in respect of an order under the Domestic Violence Act 1996 the member may, on complaint being made to him or her or on behalf of the person who was the applicant to which the order relates, arrest the respondent without warrant. A member of An Garda Síochána can for the purpose of arresting a respondent, enter by force if need be any place the member suspects the respondent to be.
All Garda personnel have received training in the investigation of incidents of domestic abuse, in all its forms. Additional and more specific training has been developed by the Director of Training, in conjunctionwith the Garda National Protective Services Bureau, for personnel selected for duty with the pilot Divisional Protective Services Units which recently commenced in three Garda Divisions - the DMR West (Blanchardstown); Cork city, and Louth.
An Garda Síochána has also recently issued a revised policy for intervention in domestic abuse incidents, which is a ‘live’ document, and outlines processes and procedures to be undertaken by Garda personnel when investigating such incidents. The Policy will be the subject of review and amendment, arising from new or amending legislation.
This policy outlines that Garda personnel, when dealing with victims of domestic abuse will have regard to a range of issues including the following:
- Orders in force, in accordance with the Domestic Violence Act 1996 as amended
- Any previous incidents of domestic abuse- The scale of abuse in previous incidents- Previous violent behaviour of the perpetrator.
When dealing with the victim, the Garda attending the scene will keep in mind the emotional and physical pain the victim may be suffering, while ensuring all available evidence is obtained.
If the victim has injuries, medical assistance will be arranged by the Garda attending the scene.
The Garda will explain to the victim the investigation process and the continued liaison which will be maintained throughout the investigation.
Victims are advised of a suitable safety plan, and are provided with the relevant contact details for the emergency services.
Victims are provided with the information, support and protection in accordance with the terms of the Garda Victim Service Policy and the EU Victims Directive.
The victim is provided with a copy of the relevant Domestic Abuse information literature and is made aware of the relevant services, both statutory and voluntary, in the area which may be of assistance to them.
The victim’s complaint is investigated without bias or discrimination.
I hope this information is of assistance.
