Dáil Éireann Debate, Thursday - 27 April 2023
309. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to address post-separation abuse experienced by survivors of gender-based violence; and if he will make a statement on the matter. [19952/23]
View answer310. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to ensure that all persons within the policing and justice system who interact with survivors of gender-based violence have been provided with specialised training; and if he will make a statement on the matter. [19953/23]
View answer311. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to collate and publish anonymised data from family courts concerning gender-based violence cases; and if he will make a statement on the matter. [19954/23]
View answer312. Deputy Paul Murphy asked the Minister for Justice if she is aware of a specific type of abuse, post-separation abuse; if he will ensure the implementation of reporting in all family court cases to investigate the extent of the problems within the current system; and if he will make a statement on the matter. [19980/23]
View answerI propose to take Questions Nos. 309 to 312, inclusive, together.
The Government’s Zero Tolerance Strategy, published last year, is an ambitious five-year programme of reform aimed at achieving a society which does not accept any form of domestic, sexual and gender-based violence (DSGBV) or the attitudes which underpin it.
Built on the four pillars of the Istanbul Convention, the Strategy was accompanied by an implementation plan which runs to the end of this year, setting out 144 detailed actions assigned to various departments and agencies.
Some of the key elements of the Strategy include:
the establishment of a statutory DSGBV Agency,
doubling of the number of refuge places,
expanding supports for victims,
strengthening legislative provisions, and
working to raise awareness of DSGBV and the supports available.
I am aware that for some victims of domestic violence, the perpetrator will continue to try and control them or have influence over their lives, even post separation and this, clearly, is unacceptable. I fully agree that we must have a criminal and family law system that supports victims and can identify and respond where this is the case. This includes looking at how the two systems interface.
A number of the actions contained in this years implementation plan for the Third National Strategy, build on the reforms already introduced under Supporting A Victims Journey. These reforms are focused on creating a more victim centred criminal justice system to ensure that victims, and in particular vulnerable victims, feel empowered to report crimes, and that when they do, they are fully supported at every stage of their interaction with our justice system.
A number of key reforms have already been implemented. These include-
Legislating for preliminary trial hearings, which will help to reduce fear of re-victimisation or re-traumatisation for victims;
Increased funding for NGOs providing court accompaniment and related information and support services;
The nationwide rollout of Divisional Protective Services Units across all Garda Divisions and the establishment of a specialised sexual offences unit in the Office of the Director of Public Prosecutions
Work to advance the training for all personnel who come into contact with vulnerable victims is underway, as is work on supporting vulnerable witnesses in court, and
The University of Limerick is running a training programme for intermediaries, with the first cohort of trained intermediaries due to graduate this year
Another important action when it comes to address post separation abuse is a body of research supported by my Department which is being published by the NWCI on 3 May. This research looked at the intersection of criminal, family, and child protection law for victims of domestic and sexual violence.
As the Deputy will be aware Minister McEntee published the first National Family Justice Strategy last November and secured Government approval for the Family Courts Bill 2022, which was published on 1st December. These are the mechanisms by which we are advancing important reforms of how our family justice system operates to make it more supportive and protective when there are vulnerable parties, particularly in cases where there is a history of domestic violence. It will also make it more efficient and user-friendly and significantly less adversarial. The aim is to develop a system that puts the family at the centre of its work and that protects vulnerable parties throughout proceedings.
Delivery of the Strategy’s nine goals and over 50 actions is overseen by the Family Justice Implementation Group, which meets once a quarter to monitor and review progress. The Group last met on 24th March.
Relevant priority actions in 2023 include:
To consider findings of research commissioned by the Department of Justice, which explores the interface and interaction of civil family law, public criminal law and the child protection justice systems, and develop proposals as required for the family justice system.
Establish a Working Group to review existing training needs for those working within family justice including:
- Research the minimum standards and recommended training required for professions working in the family justice area
- Identify professional development opportunities to address identified gaps relevant to profession/relevant to all where appropriate and;
- Engage with educational and professional bodies and associations to develop and implement training across professions in core family justice areas e.g. child-centred approach, dispute resolution, trauma-informed practice.
Establish a Working Group to improve data sharing, data collection and data quality across the family justice sector. This Group will work to:
-Establish formal statistical reporting, initially to the family justice implementation body, to provide an overall view of the current performance of the family justice system and to allow for better monitoring and evaluation.
-Identify areas of misunderstanding or roadblocks in collecting, processing or sharing data between family justice bodies and make recommendations to improve processes, systems and amend or develop legislation to enable sharing, improve efficiencies and reduce duplication of effort.
Commission research to examine the operation of the in camera rule, including: Reviewing the current operation of the rule and analysing the issues with current statutory exceptions which permit research and reporting on cases and recommend any legislative changes.
