Dáil Éireann Debate, Tuesday - 13 June 2023
918. Deputy Pádraig O'Sullivan asked the Minister for Justice the powers An Garda Síochána has to disclose personal information to a victim of a violent crime in relation to their perpetrator; and if she will make a statement on the matter. [28145/23]
View answer919. Deputy Pádraig O'Sullivan asked the Minister for Justice the powers she has granted An Garda Síochána to disclose an alleged perpetrator’s previous convictions where a victim’s life is believed to be in danger; and if she will make a statement on the matter. [28146/23]
View answerI propose to take Questions Nos. 918 and 919 together.
The Zero Tolerance Strategy commits to examining the establishment of a domestic violence register and I can assure the Deputy that work to progress this is continuing as a priority.
Officials in my Department are continuing their examination of the practical and legal issues involved in establishing a domestic violence register. This process includes an examination of the benefits and potential difficulties in formulating the policy and I have requested that policy options be presented to me for consideration before the end of the year.
I have been very clear that I support the establishment of such a register but it must developed and introduced in a way that does not leave it open to challenge and so the policy options presented need to be subject to the completion of this detailed examination process.
Both Minister Harris and I have discussed with Jason Poole the establishment of a domestic violence register.
The recommendations of the recently published National Women's Council report on the Intersection of the Criminal Justice, Private Family Law and Public Law Child Care Processes in relation to Domestic and Sexual Violence will also be taken into consideration as part of the work to progress this.
I'm informed by the Garda authorities that when processing data for law enforcement purposes, our police service is subject of Part 5 of the Data Protection Act 2018 (the 2018 Act), which transposed the Law Enforcement Directive (EU 2016/680) into national law.
Processing for law enforcement purposes is defined under Section 70(1)(a) of the 2018 Act as processing for the purposes of the prevention, detection, investigation, prosecution of criminal offences, including the safeguarding against, and the prevention of, threats to public security, or the execution of criminal penalties.
Personal data processed for law enforcement purposes may be disclosed to a third party where there is a lawful basis for the disclosure for a legitimate purpose, and the processing (i.e. the disclosure) is necessary and proportionate to that purpose.
In the case of disclosure of a perpetrator’s previous convictions in circumstances where a victim’s life is believed to be in danger, Section 55 of the Data Protection Act 2018 refers in respect of the bases that may apply to the lawful processing of personal data for criminal offences and convictions for non-law enforcement purposes (i.e. for purposes subject to GDPR). Section 55(1)(b)(iv) provides that such personal data may be processed where processing is necessary to prevent injury or other damage to the data subject or another person or loss in respect of, or damage to, property or otherwise protect the vital interest of the data subject or another person.
In the case of disclosure of personal information to a victim of a violent crime in relation to the perpetrator, Part 2 of the Criminal Justice (Victims of Crime) Act 2017 refers in respect of the information that may be given to a victim of crime (as defined under that Act) on first contact and regarding investigations and prosecutions in relation to the perpetrator. Section 55(1)(v) of the Data Protection Act provides that personal data in relation to criminal offences and convictions may be processed where permitted in regulations or otherwise authorised by the law of the State.
I’m further informed by the Garda authorities that Operation Devise, which is operating within the Garda National Protective Services Bureau, was set up in 2017 to identify those individuals who have entered into a relationship with a person who has:
1. been previously linked to a domestic homicide whether convicted or otherwise, and
2. where there is evidence of domestic abuse reoccurring in this new relationship.
Operation Devise identifies such parties who could potentially bring high risk to victims of domestic abuse and enhancing Garda attention ensures any necessary safety plans are put in place at the earliest opportunity.
