Dáil Éireann Debate, Wednesday - 28 September 2016
51. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality if she will introduce legislation to provide better protection to victims of domestic violence by extending eligibility for safety orders to all in intimate partner relationships, provide for emergency barring orders and cover online intimidation and stalking; and if she will make a statement on the matter. [27434/16]
Amharc ar fhreagraAs the Deputy will be aware there are a range of legislative measures in place to provide protections to victims of domestic violence. These include provisions under the Non-Fatal Offences Against the Person Act 1997 which provides a range of offences which may occur in a domestic violence context including assault, assault causing harm, assault causing serious harm and coercion. The Act also provides for the offence of harassment. As part of the proceedings for such an offence the court may issue a restraining order requiring that the person shall not communicate by any means with the victim or shall not approach within a specific distance of the victim’s home or place of work. It is also an offence to breach such a restraining order.
In addition, the Civil Law (Miscellaneous Provisions) Act 2011 introduced important amendments to the Domestic Violence Act 1996 and 2002 to extend the powers of the Court to provide protections in certain cases of domestic violence.
In the case of dating relationships, many incidences of abuse in dating relationships are also offences under the Non-Fatal Offences Against the Person Act 1997. Defining dating relationships in statute is problematic. Given the complexities, these relationships were not included in the General Scheme of the Domestic Violence Bill published last year. However, the issue of including dating relationships in domestic violence legislation is currently being considered further by my Department.
A proposal in relation to emergency barring orders was included in the general scheme of the Domestic Violence Bill, approved by Government and following legal advice an appropriate provision will appear in the Bill which I intend to publish this session. This legislation will enhance the legislative measures available to support and protect victims. Key improvements include extending access to emergency barring orders, providing for the possibility of giving evidence by televisual link, and enabling the court to appoint an expert to ascertain the views of a child where an order sought relates to the child.
With regard to online intimidation and stalking, the Law Reform Commission published its report on 'Harmful Communications and Digital Safety' just yesterday and the recommendations contained therein will now be considered by the relevant Ministers of the Government.
