Dáil Éireann Debate, Thursday - 3 February 2022
371. Deputy Neasa Hourigan asked the Minister for Justice further to Parliamentary Question No. 477 of 21 September 2021, if she will reconsider plans to legislate to prescribe a set minimum sentence for those convicted of domestic violence; and if she will make a statement on the matter. [5675/22]
View answerTackling domestic violence is a priority for this Government and significant action has already been taken. I am currently leading work on a new whole of government Domestic, Sexual, Gender Based Violence strategy to tackle these horrendous crimes.
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 Irish society for domestic violence.
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 I can publish the strategy and associated implementation plan as soon as possible.
As the Deputy may be aware, depending on the circumstances of the individual case, a perpetrator of domestic violence may be charged with specific offences such as an offence under the Non-Fatal Offences Against the Person Act 1997, murder, manslaughter, a sexual offence, the offence of coercive control, or the offence under section 33 of the Domestic Violence Act 2018 of contravention of a domestic violence order.
The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender; in that process, identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. Section 40 of the Domestic Violence Act 2018 provides that where offences involving physical or sexual violence are committed in the context of a marriage, civil partnership or an intimate and committed relationship, that fact shall be an aggravating factor at sentencing. This sentencing provision applies to any offence that involves violence or the threat of violence to a person.
These provisions, as with all criminal legislation, are kept under review to ensure they remain effective, proportionate and fully compliant with due process and the Constitution.
The Deputy may be aware that I recently announced my intention to publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation. While both are covered by existing law, I will be proposing changes to make the law clearer and stronger.
