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Domestic Violence

Dáil Éireann Debate, Thursday - 17 February 2022

Thursday, 17 February 2022

Questions (151)

Rose Conway-Walsh

Question:

151. Deputy Rose Conway-Walsh asked the Minister for Justice if there is mandatory training within the Judiciary system on domestic violence; and if she will make a statement on the matter. [8775/22]

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Written answers

As the Deputy will be aware, the Judiciary are independent in the exercise of their judicial functions and we must give full respect to the separation of powers as enshrined in the Constitution.

Section 6 of the Judicial Council Act provides the Judicial Council is, subject to the provisions of the Act, independent in the exercise of its functions and as Minister I have no role in the matter of judicial training.

However, in order to be of assistance to the Deputy I asked the Judicial Council to provide me with some information in respect of training available to judges in the area of domestic violence and I have received the following - 

As regards mandatory training for the Judiciary, Section 19 of the Courts and Court Officers Act 1995 provides that “A person who wishes to be considered for appointment to judicial office shall undertake in writing to the Board his or her agreement, if appointed to judicial office, to take such course or courses of training or education, or both, as may be required by the Chief Justice or President of the court to which that person is appointed.” Therefore a course of training may be determined to be undertaken by a judge.

The Judicial Council was established pursuant to the Judicial Council Act 2019. Section 6 of the Judicial Council Act 2019, provides that “The Council shall, subject to the provisions of this Act, be independent in the performance of its functions.” One of those functions is the provision of continuing education for judges and the Act provides for the establishment of a Judicial Studies Committee to facilitate that training.

The Judicial Council has provided a range of training courses to date which include training in relation to domestic, sexual and gender based violence and in particular implementing the recommendations of Professor Tom O’Malley in his “Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences” were a priority.

It is envisaged workshops to address Domestic Violence issues arising in court may commence being delivered in August and September of this year.

Further information in relation to judicial training is available on the Judicial Council’s website, judicialcouncil.ie/judicial-studies-committee/.

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