I propose to take Questions Nos. 818 and 819 together.
We should never forget that when talking about domestic, sexual and gender-based violence (DSGBV), we are talking about the most serious of crimes, including murder. The Domestic Violence Act 2018 ensures that it will be an aggravating factor in sentencing for a range of offences, including any offence which involves violence or a threat of violence to a person, where the abuse took place in the context of a current or former intimate relationship. A mandatory life sentence follows from a conviction for murder, in all cases. In addition, the proposed Life Sentences Bill will allow judges to recommend a minimum period to be served in custody before a person is released on parole, reflecting the circumstances of the case. The Government approved the drafting this Bill last July and work is underway to progress it.
The separation of powers is enshrined in the Constitution to ensure judges are independent of Government. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. In accordance with the principle of judicial independence, the court is required to impose a sentence which is proportionate not only to the crime, but to the individual offender, identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.
In 2019, the Judicial Council was created pursuant to the Judicial Council Act 2019 to promote judicial independence as well as to ensure public confidence in the administration of justice. The Council is an independent body whose members are all judges in Ireland. As Minister, I have no role in relation to the operation of the Judicial Council or its Committees. The Judicial Council Act 2019 also provided for the establishment of the Sentencing Guidelines and Information Committee of the Judicial Council. The Committee was established in 2020, and its functions include the preparation of draft sentencing guidelines and the monitoring of the operation of those guidelines, together with the collation of information on sentences imposed by the courts and the dissemination of that information to judges and others.
In respect of progress on the set of guidelines for offences of domestic violence/violence in the context of a relationship, the Judicial Council engaged Southeastern Technological University to carry out a research project with judges in the District Court. The final draft of that report was published in December 2024 and the Committee has accepted its key recommendations relating to the sentencing of relationship violence in the District Court. I am further advised that the Committee is proceeding to the next phase of Guideline development, involving consultation with stakeholder organisations and experts, and will then provide draft guidelines to the board of the Judicial Council.
Alongside this, the Government has undertaken a broad range of actions to combat the scourge of DSGBV. In 2022, Zero Tolerance, our most ambitious strategy to combat DSGBV and better support victims was published. This whole-of-Government Strategy was developed with the sector to ensure it is targeted and effective and will bring us towards Zero Tolerance for any form of DSGBV in our society.
Information in An Garda Síochána’s publication on victim/offender relationships confirms that when women are killed, it is usually at the hands of a partner or former partner. This shows how imperative it is that we, as a society, continue to prioritise our work to combat DSGBV. To this end we have strengthened our laws by increasing maximum sentences and introducing new stand-alone offences including stalking and non-fatal strangulation. This is to both encourage more victims to come forward and to hold perpetrators to account.
Work on legislative reform continues. I have introduced significant legislative change to allow for the removal of guardianship rights of a person who has been convicted of killing their intimate partner under the proposed Guardianship of Infants (Amendment) Bill, and secured Government approval to progress the Criminal Law (Sexual Offences, Domestic Violence and International Instruments) Bill 2025 which includes measures to allow perpetrators of domestic violence be included on a new register of domestic violence judgments run by the courts and strengthen the law on sexual consent.
There are now Divisional Protective Service Units in every Garda Division so that vulnerable victims can be supported by specially trained Gardaí. There is a comprehensive online domestic violence training programme in AGS regarding the Domestic Violence Act 2018, along with An Garda Síochána's policy on Domestic Abuse Intervention. There has also been a new sexual offences unit established in the Office of the Director of Public Prosecutions.
A key element of the Zero Tolerance Strategy was the establishment in 2024 of Cuan, the DSGBV agency now tasked with driving and coordinating the delivery of the actions under Zero Tolerance. Funding increased to almost €80 million under Budget 2026 to support Cuan and services working to tackle DSGBV and the implementation of Zero Tolerance
The findings of the CSO sexual violence prevalence survey were published in 2023, and a new survey that will produce statistics on the pattern and prevalence of gender-based and domestic violence in Ireland is currently under development by the CSO in collaboration with Cuan and my Department which will provide data and research to further inform policy development and legislative reforms in this area.
In 2023 my Department also published the independent review of familicide and a significant number of the recommendations made in that review are being progressed as part of our work to tackle DSGBV. This includes development of a model for conducting Domestic Homicide Reviews to establish what lessons could be learned from the circumstances of a domestic homicide, including femicide, and to make recommendations to improve systemic responses to those at risk, in order to help prevent similar deaths in future.