Dáil Éireann Debate, Tuesday - 20 January 2026
730. Deputy Cian O'Callaghan asked the Minister for Justice, Home Affairs and Migration his plans to legislate for the explicit recognition of parental and family based control; the Garda protocols for non-partner abuse cases; and if he will make a statement on the matter. [3755/26]
View answerCombatting all forms of domestic, sexual and gender-based violence, and ensuring that victims and survivors are fully supported, remain absolute priorities for this Government. These commitments underpin the Third National Strategy on DSGBV and a key element of achieving the Strategy’s aims is through robust legislation.
The offence of coercive control, provided for under section 39 of the Domestic Violence Act 2018, recognises and criminalises patterns of psychological and emotional abuse within intimate relationships. A person convicted of this offence is liable to receive a fine, or face imprisonment for up to five years. My Department keeps the operation of this, and all criminal legislation, under constant review to ensure that it is achieving its intended purpose, and draws on developments in research and international practice to do so.
The Programme for Government 2025, "Securing Ireland's Future", includes a commitment to publish a national policy on adult safeguarding for the health and social care sector. My colleagues the Minister for Health and the Minister for Children, Disability and Equality are taking this work forward.
I am informed by the Garda Commissioner that the Domestic Abuse Intervention Policy outlines the required policing response to, and investigation of, allegations relating to domestic abuse, including those made by a third party. In compliance with that policy, the Garda PULSE system is the organisation’s core IT database for recording all crime incidents. Where any offence relating to domestic abuse has been committed, an appropriate PULSE incident will be created and a motive of domestic abuse will be added. Examples of such incidents are also legislated for by specific provisions in the Domestic Violence Act 2018, the Non-Fatal Offences Against the Person Act 1997, the Criminal Damage Act 1991, for various offences such as threats to kill, assault, criminal damage and harassment.
An Garda Síochána apply a motive of domestic abuse to incidents of physical, sexual, psychological or economic abuse that occurs within the family or domestic unit. This may occur in non-partner relationships between
• parent(s) and children of full age
• children of full age (siblings)
• adults who are not in a contractual/tenancy relationship, where the perpetrator shares the same residence with the victim.
In cases where a victim cannot be traced, or declines to confirm that a criminal offence took place, but there is reasonable probability a criminal offence took place and no credible evidence to the contrary, the relevant criminal offence will be recorded on the PULSE system. I am further advised that the Garda PAF (Performance Accountability Framework) system ensures governance and oversight of all domestic abuse related incidents including victim/offender management and court outcomes and it provides reports as necessary to the Divisional Officer.
