Pa Daly
Question:527. Deputy Pa Daly asked the Minister for Justice when she anticipates bringing forward legislation for first stage of the Domestic Violence (Amendment) Bill 2023. [34219/23]
View answerTuesday, 11 July 2023
Questions (527)
Written answers
As the Deputy will be aware, the Domestic Violence (Amendment) Bill 2023 is a Private Members’ Bill (PMB) introduced in Seanad Éireann by Senator Vincent Martin earlier this year. This PMB sought to amend the Domestic Violence Act 2018 to protect victims of coercive control, by allowing the Court to prohibit the accused from personally cross-examining victims and children when they are giving evidence during a trial for this offence.
I consider that the intention behind the PMB has merit. Its aim is in line with Government policy, in particular, with commitments to protect victims of domestic violence as set out in the Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV). It also complements the approach of the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences. On my recommendation, Government agreed not to oppose this PMB at Second Stage in the Seanad.
My Department is currently engaged in developing legislation to implement the recommendations of the O’Malley Review. This will strengthen the rights of victims of sexual offences, ensure anonymity for victims in all trials for sexual offences and extend the victim’s rights to separate legal representation. In this context, my Department had already been considering how to strengthen protections for other vulnerable victims, such as victims of coercive control, forced marriage, stalking and harassment, to minimise potential re-traumatisation and intimidation during trial.
In relation to the issue raised in Senator Martin’s PMB, I am bringing forward legislation to address this – and protect vulnerable victims more broadly – by means of an amendment to the Criminal Evidence Act 1992. The 1992 Act already provides protection against cross-examination in person for children and victims of sexual offences. The amendment will broaden the scope of this protection to ‘relevant offences’ within the meaning of the 1992 Act. ‘Relevant offence’ encompasses sexual offences, offences involving violence or the threat of violence, coercive control, forced marriage and specified offences under child pornography and human trafficking legislation, and will be expanded to include stalking and harassment offences. The amending provision is contained in the Criminal Justice (Miscellaneous Provisions) Bill 2023, which is currently making its way through the Houses.
This legislation will allow for strengthened protections to safeguard victims from repeat victimisation, intimidation or retaliation for offences which by their nature, are likely to be traumatic for victims.