Naoise Ó Muirí

Overall sentiment: -0.21
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The progression of Jennie's law from Second Stage today represents an important step in our efforts to tackle domestic, sexual and gender-based violence in Ireland. The establishment of a public register for those convicted of domestic violence has the potential to empower people with the information that could help them make informed decisions about their own safety and well-being. Individuals are entitled to know if a prospective partner has a history of domestic violence, particularly where that history may indicate a risk of future harm. It is important that this register be accompanied by clear signposting to support services. Anyone accessing this information should be directed towards domestic violence organisations and other relevant supports where they are seeking help for themselves or concerned about the safety of someone close to them. One aspect of the Bill that needs work, in my view, is the provision allowing offenders to seek removal from the register after three years. Domestic abuse is rarely a single incident. In many cases, it is a pattern of behaviour that could continue for years and leave lasting impacts on victims long after the offending has ended. Against that backdrop, three years appears to be a very short period before an application for removal can be made. A concerning anomaly is that an offender who has received a custodial sentence may apply for removal three years after their release, potentially becoming eligible for removal earlier than someone who has received a non-custodial sentence. Why should somebody convicted of a serious domestic abuse offence and sentenced to imprisonment become eligible for removal earlier than someone who has received a non-custodial sentence? There should be a minimum period for applying for the judgment to be removed regardless of whether a person was imprisoned. It is not acceptable that, after only three years, somebody who is convicted of abuse can essentially apply to have their record scrubbed. This register should provide confidence and reassurance, not create uncertainty where the relevant convictions may have disappeared from view after a relatively short period. I have some concerns regarding the extent to which publication rests on the discretion of the trial judge. There is the scenario where a victim of domestic abuse would like their judgment publicly available for potential future partners to see but the trial judge, he or she, could determine that it is not appropriate. The legislation should set out the criteria very clearly for why a judgment may not by published rather than leaving it solely to the discretion of individual judges. Exclusion from the register should be the exception rather than the rule. Without clear guidance, there is a risk of inconsistency between cases and between courts, undermining confidence in the very law we seek to implement. This debate comes at a time when the Government is seeking to address other drivers of domestic, sexual and gender-based violence, including proposals to criminalise the possession, production and distribution or violent pornography, which I really welcome. I will support the Minister in that. I am a member of the all-party group on sexual violence. The way women, in particular, are depicted and characterised in extreme pornography is just shocking. The research that has been presented to us is, frankly, shocking and it is unacceptable in this country. While this legislation focuses on protecting potential future victims, we must also address some of the factors upstream that contribute to abusive behaviour in the first place. Violent pornography is definitely part of that. We cannot avoid it. We have to square up with it to deal with it for current and future generations. Jennie's law is a welcome addition, but it cannot be the end of the conversation. We need to improve and strengthen how we tackle the cultural environment that not only enables this behaviour but makes perpetrators believe it is normal. Pornography is part of that. It is not acceptable and we must do everything we can to challenge these attitudes and behaviours.

Sentiment score: -0.21