Dáil Éireann díospóireacht -
Tuesday, 26 Nov 1991

Vol. 413 No. 5

Ceisteanna—Questions. Oral Answers. - Homicide Statistics.

Alan Shatter

Ceist:

16 Mr. Shatter asked the Minister for Justice if he will outline (a) the number of domestic homicides which occurred between 1 January 1980 and 31 December 1990 involving (1) a spouse and (2) a co-habitant or lover, (b) the number of men charged with murder or manslaughter in respect of such cases, (c) the number of women charged with murder or manslaughter in respect of such cases and (d) the number in each case (1) acquitted of all charges and (2) found guilty of murder or manslaughter or of lesser offences.

Mr. Burke

The Deputy's question is not free of ambiguity and it would require detailed research to produce data which would satisfy the various interpretations to which it is open. Given the current pressures on the Garda Síochána, I do not consider that it would be proper to commit them to research projects of this kind.

I am sure the Deputy will have no difficulty in accepting my approach on this matter and the reasons for it and I trust that he will regard his information requirements as being adequately met if I give him the information which has been extracted from the available records by the Garda concerning cases of murder or manslaughter in the period 1980-90 in which proceedings were commenced against the spouses, common law husbands or boyfriends of the victim. There were 24 such cases involving 15 male and nine female defendants, of whom 21 were the spouses of the victim. All the females and all but three of the males were found guilty of either murder or manslaughter. Of the remaining three males, two were incapable of pleading due to insanity, and the case against the third was struck out.

Mr. Shatter

Will the Minister accept that, in a relatively small country, it is a disturbing number of cases? Will he indicate if a spouse or someone in a relationship alerts the Garda Síochána that they believe they are at risk of serious assault, what procedures are in place to ensure that those concerns are taken seriously? Will the Minister agree that the statistics indicate there is a problem in this regard which needs to be addressed?

Mr. Burke

The Garda are very alert to the problem of domestic violence and take all the appropriate measures to deal with it. In recent years specialised training has been provided in this area for members of the Force as part of the initial training course for Garda trainees. Various in-service training courses are also provided. I am informed by the Garda authorities that they are aware of the need to deal sympathetically and effectively with the victims of domestic violence and that is being done. I am looking at the law in relation to the whole question of fear and stress in regard to many women who will not press charges in these sort of cases. The Garda can and do prosecute in cases of domestic violence without the co-operation of the victim where there is sufficient evidence available to convict otherwise. In practice, however, the victims' evidence is very often crucial to a successful prosecution. The issues raised by the Deputy boil down to a change in the law to make provision for the spouse of an accused to be compelled to give evidence for the prosecution where the offence charged involves violence or the threat of violence to that spouse. This issue is being dealt with in a criminal evidence Bill which I will be circulating in the near future.

Mr. Shatter

I appreciate that the Minister may not have the information I am seeking. Is he in a position to indicate the number of murders or manslaughters during that period so that we would know the proportionate number which relate to domestic and other situations? Where people have lost their life as a result of domestic violence, can the Minister say how many of the 24 instances mentioned by the Minister derive from family situations in which one or other spouse had obtained a barring order from the courts?

Mr. Burke

I do not have a reply to the last part of the Deputy's question. However, I will give the Deputy the murder statistics available to me. A total of 463 murders were committed here over the last 20 year period and of these 99 cases remain unsolved. That figure includes the 26 people killed by a bomb explosion in Dublin and seven people killed by a bomb explosion in Monaghan in 1974. From that information the Deputy will be able to ascertain the number murdered in the period in question and relate that to 24 cases.

Mr. S. Barrett

Does the Minister have statistics in relation to the number of cases of domestic violence reported to the Garda but where no charges were pressed because of the failure of the spouse to give evidence?

Mr. Burke

I have no specific figure but I will outline the type of measures that are taken by the Garda and those that will be taken in the future under the Criminal Evidence Bill which I am considering.

Mr. Shatter

Is the Minister in a position to say when that Bill will be circulated?

Mr. Burke

Hopefully before Christmas.