I propose to take Questions Nos. 671 to 673, inclusive, together.
Combatting 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.
This 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 in-camera rule in family law proceedings, including where applicants seek safety, protection or barring orders under domestic violence legislation, exists to protect the privacy and safety of victims, survivors, and their families.
This Department published a research report entitled 'The Operation of the In Camera Rule in Family Law Proceedings' in May of this year.
The report contains 21 recommendations in total, including:
- the need to retitle the rule to ensure it is understood by all family court users;
- that it is clearly and consistently defined; and
- that its operation does not impede parties accessing support outside Court.
The report also contains a number of recommendations to promote greater transparency, including that there should be a presumptive right for all journalists and other authorised members of the media who are members of the Irish Press Council and subscribe to its ethics and standards and/or those of Coimisiún na Meán to attend family law proceedings.
I have asked my officials to now consider this report and revert with policy proposals for my consideration.
The broader issue of anonymity and in-camera proceedings was also considered in the O’Malley Review. While that review focused on sexual offences, many of the principles, such as preventing the re-traumatisation of victims and avoiding inadvertent identification, apply similarly to coercive control cases.