16 DFómh 2014, 09:33
The Committee on Justice, Defence and Equality recommends that the Government legislates for the necessary legal and constitutional changes to make domestic violence, in itself, a crime. Furthermore, in its report on hearings in relation to Domestic and Sexual Violence, the Committee also recommends a wider definition of “domestic violence” and “domestic abuse”.
Assault is a crime under Irish law, whether this is committed inside or outside the home. The Committee heard that violence in a domestic context is often treated differently to public assault, where public assault is treated more seriously. The Committee submits that in the context of the psychological and emotional effects it has, this crime should be treated as being as serious if not more serious than many other forms of criminal and common law assault.
The Committee has also recommended that the Minister gives consideration to empowering and requiring the Garda Síochána to take statements regarding a complaint of domestic violence, including the compiling of a report of what the Force itself has witnessed at the time the complaint is made. This could include, if the victim permits, the taking of photographs and the immediate arrangement of a medical assessment of the victim.
This recommendation would allow the Gardaí to immediately step in to help the victim, according to the Committee. From an evidentiary perspective, the taking of statements and the compiling of a Garda report would allow the commencement of the process towards securing a successful prosecution, which in turn would enhance the victim’s safety, it says. The inclusion of an early medical assessment would further aid the process by determining the need for additional services as required.
The Minister should also give consideration to creating two additional and more serious offences of marital assault and domestic assault, to be treated and punished more severely than the existing offence of assault under the Non-Fatal Offences Against the Person Act 1997.
It also recommends that consideration be given to legislating for the enhanced criminalisation of psychological abuses such as stalking and harassment within a marital or domestic context and that consideration be given to the criminalisation of certain acts which may not necessarily involve physical harm, but focus more on psychological and emotional harm to the victim.
Consideration should also be given to reviewing the requirement that details of family law cases are held in camera, with a view to forming an appropriate reporting system for family law cases. Further to this, it is recommended that consideration for a review of how allegations of abuse in such cases are addressed, with perhaps the introduction of a requirement to refer such allegations to the Garda Síochána and DPP if they are made in the course of proceedings.
The Committee also recommends that provision is made for a Domestic Violence Unit within the courts, tasked with dispensing justice for domestic violence and that consideration is given to establishing a domestic violence register to catalogue details of convicted abusers.
The full report can be accessed here.
Report co-rapporteur Deputy Anne Ferris said: “This report is an attempt to highlight some of the points raised and to expose the terrible and truly shocking situations some people endure on a daily basis. We believe that the evidence speaks for itself but we do make a number of recommendations which we will bring to the attention of the Minister for Justice and Equality. We hope that this process, in some way, brings a little comfort to the victims of domestic and sexual violence. The intention of this report is to present recommendations that are robust and victim-focused.”
Deputy Marcella Corcoran Kennedy, who is also a co-rapporteur on the report, said: “It is clear from the evidence presented to the Committee that domestic and sexual violence is a damaging scourge on Irish society. Not only does this issue concern physical violence, but also psychological violence and emotional violence. It plunges families into turmoil, destroys homes and most significantly, destroys lives. In addressing this, the State needs to ensure it is addressed as far as the law will allow, with the best supports made available to victims and the toughest possible sentences served on the perpetrators.”
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Committee Membership
Deputies: Niall Collins (FF); Marcella Corcoran Kennedy (FG); Alan Farrell (FG); Anne Ferris (LAB) [Vice-Chairman]; Seán Kenny (LAB); Pádraig Mac Lochlainn (SF); Finian McGrath (IND); John Paul Phelan (FG); David Stanton (FG) [Chairman]
Senators: Ivana Bacik (LAB); Martin Conway (FG); Rónán Mullen (IND); Denis O’Donovan (FF); Katherine Zappone (IND); Tony Mulcahy (FG)