Dáil Éireann Debate, Tuesday - 25 July 2023
845. Deputy Fergus O'Dowd asked the Minister for Justice if she will provide a time scale for when she will bring forward amending legislation on coercive control by persons who are not intimate or former intimate persons as indicated by her in Seanad Éireann on 5 July 2023; and if she will make a statement on the matter. [36359/23]
View answerAs the Deputy will be aware, combating all forms of domestic, sexual and gender based violence has been a priority for me since my appointment as Minister for Justice and is a priority for this Government. Last year we published our third national strategy on domestic, sexual and gender based violence. This zero tolerance plan is our most ambitious to date and a detailed implementation plan containing 144 actions was published alongside it which will run to the end of this year. Further implementation plans will be published for each subsequent year of the Strategy.
As part of implementing the second national strategy, and in preparation for ratification of the Istanbul Convention, Ireland introduced the Domestic Violence Act 2018 which, among other things, provided for the offence of coercive control in Irish law.
It is worth noting that section 6 of the 2018 Act also provides for the making of an application for a safety order by one adult in respect of another adult residing at the same location, provided their relationship is not a contractual one. Where such an application is made, and provided the Court is of the opinion that there are reasonable grounds for believing that the safety or welfare of the applicant or a dependent person so requires, it can make an order prohibiting the respondent to the application from doing one or more of the following:
(a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person;
(b) if he or she is residing at a place other than the place where the applicant or that dependent person resides, watching or besetting a place where the applicant or the dependent person resides;
(c) following or communicating (including by electronic means) with the applicant or the dependent person. I would urge anyone who is concerned for their safety to reach out for help and support.
I would urge anyone who is concerned for their safety to reach out for help and support.
The introduction of a specific offence of coercive control, as was provided for in section 39 of the Domestic Violence Act, rightly recognises the reality that behaviours in a domestic setting that involve emotional abuse, humiliation and fear can be as harmful to victims as physical abuse, because they are an appalling violation of the unique trust associated with an intimate relationship.
Creating a specific offence of coercive control sent a clear, consistent message that non-violent control in an intimate relationship is criminal. While this offence is still relatively new in legislative terms, the prosecutions and convictions to date will hopefully encourage anyone who may be a victim of this crime to come forward and seek help. For those who perpetrate this crime, the message is also clear –they cannot act with impunity. It is hoped that as more convictions follow, other victims of coercive control will feel confident to come forward.
In relation to broadening the offence of coercive control so that it applies to people who are in family relationships more generally (i.e. not just in intimate relationships), as I stated previously, the question of the most appropriate way to provide any further necessary protections is something that I am open to examining in conjunction with relevant bodies, including An Garda Síochána and the DPP. How this might be approached will be considered in the context of the upcoming work to prepare the next implementation plan for the third national strategy which will be agreed before the end of the year.
