Jim O'Callaghan

Overall sentiment: -0.15
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I move: "That the Bill be now read a Second Time." I welcome the opportunity to present the Domestic Violence Judgments Register Bill 2026 to Dáil Eireann. The genesis of this legislation is in October 2025, when the drafting of the Criminal Law (Sexual Offences, Domestic Violence and International Instruments) Bill was approved by Government. In May this year, the Oireachtas Joint Committee on Justice, Home Affairs and Migration published its report on pre-legislative scrutiny of that general scheme. Last month, I secured Cabinet approval to progress the provisions in relation to the domestic violence judgments register as a stand-alone Bill. I was determined to expedite that legislation as this is a key commitment for me. It is something I really believe will bring about positive change in our ongoing battle against domestic, sexual and gender-based violence. This legislation, as Deputies will be aware, has its origins in an appalling crime. In 2021 Jennifer Poole, an innocent young woman, was brutally murdered by her former partner. Jennifer's murderer had a history of violence against women and in the past had spent time in prison for these crimes. Jennifer did not know this. The Poole family, in particular Jennifer’s brother Jason, have campaigned tirelessly for this legislation. In doing so, their aim is to protect women like Jennie from violent predators. I have previously stated that this legislation will be known as Jennie’s law, and I want to reiterate it again here in this House. It will stand as a tribute to their beloved sister, daughter and mother and to their own steadfast determination to achieve lasting change in her memory. I commend Jason Poole and all the Poole family for their work in this regard. The purpose of this legislation is to provide for the publication of judgments relating to serious domestic violence offences. It is a straightforward aim yet it is something that is not routinely done at present. Currently, media representatives report on cases from our courtrooms in line with the constitutional principle that justice should be done in public. However, attendance is constrained by scheduling and resources. There are not media representatives at every trial. As such, some judgments of juries are reported on while others are not. There is no means by which someone can ascertain what has happened in cases which are not reported in the media. I believe that serious incidents of domestic or sexual violence, assault or abuse ought to be effectively publicised as part of the trial process and that is what this legislation sets out to do. A publicly available register of judgments will assist people who are in a relationship or considering a relationship with a person to ascertain whether they have a history of serious domestic violence convictions. I now outline the provisions of the Bill. Section 1 of the Bill amends the Domestic Violence Act 2018 by inserting a new Part 3A into that Act. The new Part 3A provides that the Courts Service will establish and maintain a register of judgments. This will be known as the domestic violence judgments register and it will be available on the courts.ie website. The register encompasses serious offences such as murder, manslaughter, rape and sexual assault. In addition, a number of indictable offences under the Non-Fatal Offences Against the Person Act 1997, such as assault causing harm and serious harm, harassment and stalking are covered. Coercive control under section 39 of the Domestic Violence Act 2018 also comes within the scope of the legislation as well as distributing, publishing or threatening to distribute or publish an intimate image without consent under Coco's Law. The register will capture these heinous crimes where they are committed by a partner, or a former partner, against a victim. As everyone in this Chamber knows, the perpetrators of such offences are predominantly, but not always, men, while the victims are predominantly, but not always, women. I say this to underline that this is the reality of gender-based violence. It is at the discretion of the trial judge whether or not to publish a judgment, which must include details of conviction and sentence, as well as the name, age and address, where available, of the abuser. The judge in a case is best placed to determine whether the publication of a judgment is warranted, given the particular circumstances of each case. It is also open to the judge to omit the residential address of the perpetrator where it is not considered appropriate to publish that information. Let me point out that a judgment may only be published where the victim gives their consent. Such consent is a prerequisite to publication. To be clear, the victim will not be named in these judgments. Nevertheless, where the perpetrator is named, the victim may be identifiable. As such, publication cannot and should not occur without their consent. Where a victim is deceased, the decision on publication rests with the court. Part 3A also sets out a procedure by which a convicted person can apply for the relevant judgment to be removed from the register. An application can only be made three years after the person has served their sentence and been released from prison. In considering whether removal of the judgment is warranted, the judge must have regard to any further convictions or any efforts at rehabilitation on the part of the perpetrator. Importantly, the views of the victim are also to be taken into account where they are available. Sections 2, 3 and 4 of the Bill provide for consequential amendments to the Criminal Law (Rape) Act 1981, the Non-Fatal Offences Against the Person Act 1997 and the Harassment, Harmful Communications and Related Offences Act 2020 respectively. In essence, these amendments ensure that nothing in those pieces of legislation precludes the publication of a judgment in the domestic violence judgments register. Section 5 of the Bill is a standard provision which provides for the Short Title and commencement of the Bill. This legislation is straightforward. It establishes a framework for a register of judgments, which will contain judgments in relation to serious crimes committed by an abuser against a current or former partner. What this legislation will provide is a vital resource in relation to safety. In setting out details of a history of serious offending, it will benefit those who may be in a relationship or considering entering a relationship with such a person. Offending of this nature clearly gives warning of an increased risk of domestic, sexual or gender-based violence, knowledge which may be crucial in enabling people to make informed decisions about their personal relationships. The register is a tool which addresses a lacuna in our justice system in order to try to keep people safer. The parameters of the legislation have been carefully drawn, some might say narrowly drawn. I expect there may be calls to expand the scope of the register or to broaden its remit. However, I stress that this legislation is novel. It remains to be seen how it will function in practice. I also expect that the legislation will be challenged in the courts. I believe that the legislation has been appropriately calibrated and is a measured and proportionate response to serious offending. My view is that it is prudent to introduce the register in a circumspect manner. Once operationalised, the impact of the legislation can be assessed with due consideration for any further measures. I close by reiterating my commitment and that of this Government to tackling the scourge of gender-based violence. The register will form part of the Government's zero tolerance approach to domestic, sexual and gender-based violence. We must make it crystal clear that there is no place for such behaviour in our society. Those with serious criminal convictions for such offences should not be able to escape the consequences of their behaviour. People in relationships, or considering entering into relationships, with convicted offenders deserve to know about their past. They are entitled to make informed decisions about their personal lives. Abusers thrive on secrecy and shame; however, it is a fundamental principle of our legal system that justice is to be done in public. This register will contribute to ensuring that criminal convictions for these heinous crimes are appropriately publicised. Let me end by acknowledging again the dedication of Jason Poole and his family, who have campaigned tirelessly for real and lasting change in memory of their cherished Jennie. Jennie's law will help to keep women safe, which is a fitting tribute to her memory. I urge Deputies to work with me to get this important Bill through this House before the recess. I conclude by welcoming Jason Poole to this Chamber and commending him for his tireless commitment to this cause.

Sentiment score: -0.15

I thank all Deputies for their contributions. I acknowledge the fact that, unusually, every person who has spoken in this debate is in support of the legislation. That is a very positive sign in respect of what we, as a House, are seeking to do in terms of changing the law. On many occasions, understandably and correctly, the legislative process is adversarial and people disagree with legislative proposals being put forward by one side or the other. However, in this instance it is instructive that there is widespread agreement across the House in respect of the legislation being introduced. It is important to note that the only other time that has happened in my experience is in respect of the Guardianship of Infants (Amendment) Bill 2026, which will be finalised tomorrow night and again was inspired by an appalling piece of violence perpetrated against a woman, Valerie French. It indicates that there is broad recognition in this House that we need a co-ordinated response to the growing problem of domestic sexual and gender-based violence. As Deputy Byrne just indicated, it is a problem that predominantly affects women. In Northern Ireland and in the UK, this issue is referred to as violence against women and girls. In Ireland we adopt a broader approach in respect of it, but predominantly we are talking about violence against women and girls. This legislation is an important part of our legislative response to that crisis. It is a small response and nobody is suggesting that it is the full response but it is an important response to it. It is surprising that this legislation has to be introduced at all. The reason I say that is because, as Deputies know, under the Constitution justice is required to be administered in public. That in particular applies in respect of criminal offences. There are family law cases, which Deputy Gogarty referred to, that are heard in camera. There are some criminal prosecutions where, for the purposes of protecting the identity of the complainant, individuals' identities are not revealed. To a large extent, cases of prosecutions for assault causing harm under section 3, assault causing serious harm under section 4, coercive control and manslaughter are all cases that are heard in public. Rape is an exception because of protecting the anonymity of the complainant. This legislation is necessary because all of those are cases that are heard on indictment and will be determined by a jury in the Circuit Criminal Court or the Central Criminal Court. All around Ireland today, there are cases in the Circuit Criminal Court and the Central Criminal Court where the outcome of the jury's deliberations gives rise to a sentence being imposed by the court. However, unlike in civil proceedings, there is not a written judgment of 20 or 30 pages recording the facts of the case. The courts website shows judgments from the High Court or the Circuit Court in the civil sphere and reserved reported judgments of the judges of the High Court predominantly. The only time we get a written judgment in respect of a criminal trial is if it goes on appeal to the Court of Appeal and then we get the details of what happened in the court below, the conviction, the nature of the defence and the detail about the individual concerned. One of the consequences of the fact that verdicts are delivered by juries promptly and there is no written record of them outside of that is that sometimes people do not get to hear about them. We are dependent upon journalists being in court in order to find out about criminal convictions and the decisions of verdicts. To a large extent, journalists do that very professionally. Virtually all the cases that happen in the Central Criminal Court are reported upon even though today we have about ten Central Criminal Courts in operation at any one time. Unquestionably, individuals are being convicted of serious offences in the Circuit Criminal Court and people are not hearing about them because there is no journalist in court to report them. That is no criticism of journalists; it is just a fact of the matter. Therefore, someone looking for a record of whether somebody was convicted of, for example, assault causing serious harm under section 4 in a Circuit Court down the country will not be able to find that out. My view is that is a failing and a fault in the system. We should be able to find out information in respect of criminal convictions. That is a battle for another day. As everyone has noted, inspired by Jason Poole in memory of his sister, Jennifer, there had to be some process of making information available arising from verdicts that are given and judgments delivered in respect of people convicted of serious offences against an intimate partner or former partner. That is the purpose of this legislation. At the outset it limits it to indictable convictions and people who have been convicted of serious offences in the Circuit Criminal Court or the Central Criminal Court. A schedule of the offences is set out, including obviously murder, manslaughter and rape. When we get down into the other offences, these are the potential offences that may not be reported upon, such as assault causing harm, assault causing serious harm, non-fatal strangulation, threats to kill, harassment, endangerment, false imprisonment and indeed coercive control under the Domestic Violence Act. The benefit of this legislation is that the courts will now know, after a person has been convicted on indictment of any of those offences and if it involves an intimate partner or former intimate partner, that there is a statutory mechanism available for the court to put in print details of that conviction. Since this is something that is novel, I am probably adopting a conservative approach in the initial drafting of it. We will have a discussion tomorrow night about the amendments that will come forward. We had a very good discussion and debate on it in Seanad Éireann. In my view, when starting with something like this, we are better off starting cautiously rather than trying to get everything into the statutory scheme. Once we have this new statutory scheme up and running, I hope to see it develop over time. I have picked domestic sexual and gender-based violence as the type of offences which need to be covered by this new statutory scheme because of the experience of Jennifer Poole and the appalling history of what happened to her, which my colleague Deputy McAuliffe recounted earlier. People would like to be aware if somebody has been convicted of a serious offence against a previous partner or former partner. As has been stated by many Deputies here, it will not necessarily be the case and it cannot be assumed that just because someone's new partner is not on this new register once it comes out that therefore they are safe. Of course they are not. Obviously, people have to engage in their own assessments of a person when entering into a relationship. Deputy Devine started off the contributions by referring to the fact that everyone hopes to meet love. It is important to recognise that, fortunately, the vast majority of engagements that people have are not violent relationships. They might not all work out, but they are not relationships which are violent. However, regrettably in this House we have to deal with those issues which cause problems and which damage individuals. That is why it is necessary to recognise that some relationships do not end up in that specific way which I discussed a few moments ago but involve a male partner with a history of violence. I believe this House should certainly try to put in place a regime and a statutory mechanism whereby somebody entering into a relationship should be able to find out if that person was convicted of a serious offence in the past. I know people have mentioned here that they would like to see further offences included, such as summary convictions in the District Court. I will not go down that route at this stage. Maybe a future Minister or future Oireachtas may want to do it. Certainly, the State should facilitate the public being aware of persons who are convicted of serious offences and of causing serious harm to a former partner. It goes back to the point I made at the beginning. The Constitution states that justice is to be administered in public. If we are in the court today and we hear about it, we are entitled to talk about it and so people are entitled to be aware.

Sentiment score: -0.15