2026-01-27

146. Deputy Paul Lawless asked the Minister for Justice, Home Affairs and Migration the measures his Department will take to address and reduce domestic violence, including prevention initiatives, supports for victims, improvements in interagency co-operation; the actions being taken to strengthen law enforcement responses; and if he will make a statement on the matter. [5985/26]

Domestic violence and abuse is a major issue and a scourge on so many households across this country. What is the Department doing to reduce domestic violence in terms of prevention initiatives, supports for victims and reform of the judicial system in light of the recent case of Margaret Loftus in Mayo?

Combating domestic, sexual and gender-based violence is a priority for the Government and for me. If the Deputy looks at the recent budget allocation and the recent establishment of Cuan, he will see that the Government has made a very specific decision that it wants a separate statutory agency to deal with this issue. We are putting in funding of €80 million in respect to this issue, which shows an increased investment of €12 million year on year, which is a sign of the Government's financial commitment. Similarly, we have an implementation plan for the zero tolerance strategy. That is an appropriate name for the strategy we want to adopt in respect of domestic violence. Sometimes the term "zero tolerance" is used in a general sense. It is absolutely appropriate when it comes to combating domestic violence. The Deputy asked what is being done. A number of legislative proposals are being brought forward, such as the sexual offences Bill, which was recently considered by the justice committee by way of pre-legislative scrutiny. I have introduced a proposal that would allow perpetrators of domestic violence to be included on a new register of domestic violence. A miscellaneous provisions Bill, which came before the Dáil last week, seeks to restrict the disclosure of counselling records in sexual offence trials. As is apparent from the sexual offences Bill, I am also seeking to reform the sexual consent laws, while the miscellaneous provisions Bill contains a provision seeking to criminalise the offering or advertising of rent in exchange for sex. I am also working on guardianship rights. The Deputy mentioned a particular case in the context of what is being done in the courts system. A lot is being done there. The Family Courts Act was enacted in 2024. I have a plan in place for the implementation of that policy so that family law courts will operate on a consistent and expert basis throughout the country. Obviously, domestic violence is a criminal offence. It is not something to be associated with family law, but we want greater speed in our family law system to facilitate all those individuals.

The case of Margaret Loftus exposes very deep structural problems in An Garda Síochána but also in the judicial system. Her story shows how a victim has been failed, in the first instance by An Garda Síochána and then by the judicial system with regard to how slow and opaque it has been and how that system was weaponised, particularly with regard to the disclosure that was consistently sought by the perpetrator. She stated recently that the judicial system was as traumatising as the abuse itself. Margaret endured over 50 court hearings before a plea was eventually offered - a process that was incredibly difficult for her, her family and her ability to move forward. It is crucial that the process be expedited in these cases to ensure that a victim can begin to live again and move on with their lives.

Last week, I commended Margaret Loftus. I do not know if it was to the Deputy but I certainly commended her in the House to a number of other Deputies. I commend her bravery and her perseverance. Ultimately, she did get the conviction she sought. A court held in her favour and recognised that she had been a victim of an assault and a judgment was delivered in that regard. The Deputy spoke about issues in respect of An Garda Síochána. I have to mention that Margaret Loftus commended Commissioner Justin Kelly on the role he played in the prosecution and how seriously it was taken when he got involved. I also understand that the husband in question was suspended from An Garda Síochána in 2018. The Garda, therefore, did respond to it. I want to ensure that the criminal justice system, whilst remaining fair, is sped up as much as possible. In order to achieve that, I am putting further resources into it. The number of judges on the Central Criminal Court has never been higher. We are going to create more posts for judges later this year. The more judges we have the more resources, and cases will be resolved and dealt with more quickly.

I very much welcome the movement in terms of more judges. That is crucially important. We also need to ensure there are statutory timelines for these cases. We cannot have a situation where a victim has to go through the courts for more than a decade. It is unacceptable. Domestic abuse is such a horrendous violation for any individual. We should restrict the use of disclosure orders in domestic abuse cases. There is movement on that Bill and we certainly welcome that. This case presents a particular issue in terms of potential abuse and the Department should seriously review it to ensure no victim is retraumatised in the manner Margaret Loftus was.

I cannot formulate a policy based on one case. However, the cases the Deputy gives to me and other cases that are reported on the system generally influence and guide policy in the area. Some cases will take time no matter what level of resources we have put into them. For example, historic sexual abuse cases are going to take time because the gardai have to go back and seek witnesses from many years ago so no matter what level of resources I put in and no matter how many judges are there to deal with cases on an expedited basis, some cases are going to take time. We all want to make sure the rights of victims are vindicated and protected and victims get justice. At the same time, as Minister for Justice, I have to ensure that the rights to a fair trial of people who are accused are similarly protected. We do not want to go so far that that important constitutional right is compromised. It is about getting the balance right, but I agree with the Deputy that we need to speed up the process.