Neale Richmond
Question:488. Deputy Neale Richmond asked the Minister for Justice the steps that her Department is taking to address violence against women; and if she will make a statement on the matter. [3160/22]
View answerTuesday, 25 January 2022
Questions (488)
Written answers
I can assure the Deputy I am committed to tackling domestic, sexual and gender-based violence (DSGBV) in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.
The prioritisation of this hugely important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed. Additionally, increased budget allocations have been secured this year in order to address such heinous and unacceptable behaviour.
As the Deputy may be aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual, gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society for domestic, sexual and gender-based violence.
The new Strategy will be structured around the four pillars or goals of the Istanbul Convention which are
- Prevention
- Protection
- Prosecution
- Co-ordinated Policies
Under each of these high level objectives there will be a number of specific aims listed but the Strategy and aims will be high level in tone and content.
The strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. In the coming weeks, I will begin a final round of consultation so that the strategy and associated implementation plan can be published as soon as possible.
Last year, on foot of the audit, it was agreed that the Department of Justice will continue to have lead policy responsibility for DSGBV.
My Department will also assume responsibility for services for victims of domestic, sexual and gender-based violence, in addition to policy responsibility. A detailed plan for how this will work is in preparation and will be brought to Government for decision.
Also this year, I will be introducing legislation to strengthen the law in a number of areas.
The new Garda Powers Bill will provide a clear and transparent statutory basis for the existing police powers of search, arrest and detention.
The Digital Recordings Bill provides for the necessary modern technology in the investigation of serious crime
Before Easter, I will publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation. While the act of stalking itself is already covered by existing law, I will propose changes to make the law clearer and stronger:
- Explicitly reference stalking as a criminal offence
- Make it clear that stalking includes watching or following a victim, even where they are not aware of being watched or followed
- Make it clear that impersonating the victim, and then communicating with a third party, is illegal
- Update the law to ensure that it covers all forms of modern communications
- I will also consider introducing a provision to allow a victim, in very serious cases, apply to the court for an order to prevent the alleged perpetrator from communicating with them in advance of a trial.
Separately, non-fatal strangulation is already an offence prosecutable under the Non-Fatal Offences Against the Person Act 1997. However, I believe that creating a new, standalone offence should encourage victims to come forward and report what has happened to them. It has been shown that this crime can be an indication of future, lethal violence and is a risk factor for homicides against women in the home.
In the summer, I will publish a new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender. This will mean that certain types of crimes can be prosecuted as hate crimes where they are motivated by misogyny.
For other crimes, where there isn’t a dedicated hate-aggravated offence, the new legislation will require the court to take misogyny into account where there is evidence that this was the motivation, to reflect that fact in the sentence, and to reflect the fact that the crime was aggravated by this form of prejudice in the formal record. The aggravated offences will generally carry an enhanced penalty, compared to the ordinary form of the offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime.
Before the end of September, I will publish a new Sexual Offences Bill, which will introduce important changes including:
- Extending victim anonymity to further categories of victims
- Repealing provisions for sentences to be delivered in public
- Legal representation for victims
Separately, I will seek to enact the Sex Offenders Bill within months which will strengthen the management and monitoring of sex offenders in the community.
I will shortly sign an order to bring into operation the Criminal Procedure Act 2021. This Act provides for the use of preliminary trial hearings which will significantly improve the trial process for victims of sexual offences, including by reducing delay and disruption that might re-traumatise victims. They will also allow for sensitive issues to be addressed before the trial starts, such as questioning a victim about their sexual history.
Education and awareness raising are also part of the Government’s fight against sexual and gender-based violence. Over the past number of years, the Department of Justice have been working to raise awareness generally about how we, as a society, need to stop excusing unacceptable behaviour.
The No Excuses campaign highlights this determination to challenge people and the culture, prejudice and values that allow any form of sexual harassment or sexual violence. Under the Third National Strategy the Government will continue to work with our partners on raising awareness of DSGBV and on changing attitudes to it.
This is an area of work I have prioritised since becoming Minister for Justice, but I know much more needs to be done, and I'm determined to do much more.