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.
Under Irish law, criminal investigations can only be carried out by An Garda Síochána, which then submits a report to the Director of Public Prosecutions (DPP). The DPP decides whether or not someone should be prosecuted, and what crime they should be prosecuted for. The DPP is wholly independent of the Minister and the Department of Justice under the Prosecution of Offences Act 1974 (as amened). The Minister has no role in the operations, functions, oversight or governance of the Office of the DPP and is unable to seek to direct the DPP in any aspect of her functions.
An Garda Síochána prioritise and proactively respond to reported incidents of domestic abuse, including cases of coercive control. The nationwide roll out of Divisional Protective Service Units (DPSUs) ensures that when victims of crimes such as domestic abuse and sexual violence present to Gardaí, they are met with a consistently high standard of specialist, sensitive, professional and expert assistance. I can confirm that that there is now a DPSU in every Garda Division.
I want to acknowledge that the vast majority of Gardaí serve with integrity and work tirelessly to keep our communities safe. I also want to be clear that public confidence in An Garda Síochána depends on members demonstrating the highest level of personal professional standards of behaviour.
The Garda Commissioner is responsible under the Policing, Security and Community Safety Act 2024 for the management and administration of Garda business. This includes the maintenance of internal Garda discipline. There are robust procedures in place to allow the Commissioner to deal with any allegations of misconduct in the proper manner and I brought forward regulations last April which strengthens these processes.
The Commissioner publishes information related to the number of Garda members on suspension in his monthly reports to the Policing and Community Safety Authority, including the reason for suspension, at the following link: www.garda.ie/en/about-us/publications/general-reports/commissioner-s-monthly-reports-to-policing-and-community-safety-authority/
Additionally, Fiosrú have a Specialist Services Unit to investigate incidents, including public complaints, where a Garda is accused of domestic violence, coercive control, abuse of power for sexual purposes, child sexual abuse or sexual assault. The unit also investigates public complaints where it is alleged that a garda failed to properly investigate incidents of this nature.
