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This debate section is part of the official record of Domestic Violence Judgments Register Bill 2026 (Domestic Violence Judgments Register Bill 2026 [Seanad]: Second Stage).

2026-07-14

Jim O'Callaghan (recorded as: Minister for Justice, Home Affairs and Migration (Deputy Jim O'Callaghan))
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.
Máire Devine (recorded as: Deputy Máire Devine)
It is an emotion we all have - falling in love. It is a promise. It is life-affirming, with a possibility of leading to a life partner. It is a wonderful human emotion. It has the promise of finding a sense of home, of trusting somebody, with finding a soul mate - an eye on building a future together where each person has the other's back. Then the insidious gradual picking can start, seemingly innocent, the undermining, leading to the odd slap, and be followed by the express remorse that makes one stay. There is a promise that things will get better. It does not. Little does a person know or even imagine there is a past form of violence perpetrated, overwhelmingly by men, that was brutal and life-threatening and that they were convicted in court - that this man who loves them will destroy them or end their life. We women need to have the opportunity to know this, to be informed and to walk away before it is too late. I wholeheartedly commend Jennie's loving brother, Jason, for his dedication and tenacity pursuing the establishment of this domestic violence register. We also had David French in here a couple of weeks ago as well. Everybody needs brothers like these men. These are men. Unfortunately, we are seeing many family members of victims of intimate partner violence having to shoulder such a heavy burden in pursuit of justice and of suitable preventative measures, so no future families and victims will have to be subjected to such outrageous and upsetting violent acts. We should not limit the scope of this Bill to convictions for physical violence. The offenders' register must include convictions of all types of intimate partner abuse. The original proposed scope of convictions to be included on the register was too narrowly limited to only physical violence. We know there are many other types that are committed in intimate relationships. The Bill now includes murder, manslaughter, rape, sexual assault, assault causing harm, threats to kill or cause serious harm, harassment and danger, false imprisonment and intimate image abuse. What a litany of horror visited on many women. We need to examine the inclusion on the register of financial abuse and coercive control and ensure that the people of Ireland are protected from those convicted of all kinds of abuse. During pre-legislative scrutiny, witnesses testified about the concerns regarding serial perpetrators. Three years is a very short period for a domestic violence offender register. I concur with them and therefore I support Committee Stage amendments Nos. 5, 6 and 7, as submitted by my Sinn Féin colleague, which extend the length of registration to five years. I also support amendment No. 8, which gives the court the flexibility to specify a longer period before an application for removal from the register may apply with regard to the nature and seriousness of the offence and the need to protect the safety and well-being of the victim or any children or dependants. I commend my colleague, Deputy Carthy, who chairs the committee on justice, for his careful stewardship of this Bill. I hope survivors, victims and their families are comforted in some small way by the care shown in the progression of this Bill through the House. This is a sensitive, vitally important piece of legislation and has the potential to affect for the good everyone on our island. Jennie was a young, vibrant woman; a daughter, a mother and a sister who believed she had found a life partner but suffered the heartbreak of knowing that he was not who he seemed to be and he took her life - a murderer. Cuimnigh uirthi.
Cathy Bennett (recorded as: Deputy Cathy Bennett)
I welcome that we have recently seen progress on a number of important measures relating to domestic abuse, but what is of crucial importance is that we get the legislation and policy right. In the face of what report after report expose as an epidemic of violence against women and girls, I do not accept incremental change as good enough. Legislation will pass in the Houses tomorrow on the callous use of counselling notes in sexual offences trials. The lack of a full prohibition is simply not good enough. I welcome the Dáil last week supporting the EU opting into parts of the Istanbul Convention, but that convention mandates twice as many domestic violence refuge spaces as the Minister has committed to delivering. What is more, the Government has rowed back on its commitment to provide spaces in both Cavan and Monaghan. That is simply not good enough. We need to see progress to ensure that victims of domestic abuse are not those forced out of their family home. I thank and commend Jason Poole, brother to Jennie, who was murdered by her ex-partner, on his advocacy for the establishment of a register of domestic violence judgments. I have no qualms in saying that is the reason we are here today. The legislation before us is a positive step, but I appeal to the Minister to accept the amendments to increase the timeframe in which a person can seek to be removed from three to five years, and to ensure that register evasion is not possible through plea bargains. I also commend my constituency colleague, Deputy Carthy, for all his work and efforts on this issue.
Gary Gannon (recorded as: Deputy Gary Gannon)
I begin by welcoming this Bill. It is a really significant piece of legislation strengthening our law on sexual offences, introducing Operation Encompass and, most important, establishing Ireland's first domestic violence register. For that reason, the Social Democrats will be supporting its progression. Before discussing the legislation itself, I want to acknowledge the people who make this day possible. In particular, I pay tribute to Jason Poole, Jennifer's entire family, and to everyone who has campaigned for what we now know across the country as Jennie's law. No family should ever have to channel unimaginable grief into years of legislative campaigning, yet they have done so with dignity, determination and generosity. Rather than withdrawing from public life, they chose to fight so that another family might be spared what they have had to endure. I was up in Ballygall recently, close to where Jennifer was from, and one would be hard pressed not to see a car or a shopfront with a sticker proudly backing Jennie's law. It is a testament to an extraordinary person and an extraordinary family who have changed this country for the better. I also acknowledge the tireless work of survivors of domestic abuse, Women's Aid, Safe Ireland and the many campaigners and advocates who have spent decades ensuring that domestic violence is recognised for what it is - not a private matter, but a profound abuse of power that demands a robust response from the State. This Bill is stronger because of their voices. During pre-legislative scrutiny the justice committee heard directly from victims, families, survivors, organisations, legal experts and petitioners. They challenged the general scheme to identify weaknesses and they suggested improvements. That is exactly how pre-legislative scrutiny is supposed to work. Tomorrow's Committee Stage gives us the opportunity to reflect on much of that evidence in this final piece of worthy legislation. The establishment of a domestic violence register is an important step. For many people entering a relationship, knowledge can be protection. No register can eliminate risk. No register will prevent every tragedy, but if it helps one person recognise a danger they otherwise could not have known about, then it has the potential to save lives. At the same time, we have to be honest about its limitations. Women's Aid made an important point to the committee to the effect that the absence of someone's name from the register does not mean that person has never been abusive. Many offenders will never appear as a result of offences being dealt with summarily because victims choose, understandably, not to consent, cases are never reported or convictions are never secured. If we do not acknowledge these limitations, we risk creating a false sense of security. That is why tomorrow I will propose a number of practical amendments that I believe will strengthen rather than alter the intent of the Bill. I want the register to capture the reality of domestic violence. That means ensuring that summary convictions can be included, where appropriate. Coercive control, assault, stalking and other abusive behaviours are very often prosecuted before the District Court rather than on indictment. Limiting the register to indictable convictions risks excluding some of the most common patterns of abuse. Where a victim has tragically died or cannot express their wishes, we believe that the court should consult the victim's family where appropriate before deciding whether a judgment should appear on the register. This recommendation came directly from Jason Poole and Women's Aid and is a simple recognition that families deserve a voice in the circumstances. We believe additional offences should be included, particularly harassment and stalking, offences under Coco's Law and breaches of domestic violence orders. These behaviours are often part of the escalating pattern of coercive control that victims experience. Excluding them leaves an unnecessary gap in the protection. We also propose that children and dependents connected to the victim are explicitly recognised in the legislation. Domestic abuse rarely affects only one person in a household. Children experience its consequences too, and the legislation should recognise that reality. We propose a statutory review after three years. This is new legislation. We should be prepared to measure whether it is working, collect anonymised data, identify unintended consequences and improve it where necessary. That recommendation also came directly from the organisations that gave evidence to the committee. More broadly, I welcome the reforms in the Bill on sexual offences. Moving from an honest belief standard to a reasonable belief standard in rape law is an important and overdue development. Consent must be freely given and people have a responsibility to take reasonable steps to establish it. This is an important progression in our criminal law. I welcome the introduction of Operation Encompass to ensure schools can appropriately support children affected by domestic violence. I also welcome the measures implementing our international obligations on trafficking and violence against women. These are positive reforms that deserve and will get support. This legislation will not end domestic violence - no single Bill ever could - but it is another step towards a justice system that places victims and survivors at its centre rather than asking them to navigate systems that have too often failed them. The greatest tribute we can pay to Jennifer Poole, her family and every survivor, victim and campaigner who has brought us to this point is not simply to pass this legislation but to make it as strong as we possibly can. I look forward to engaging constructively on the amendments on Committee Stage tomorrow.
Jen Cummins (recorded as: Deputy Jen Cummins)
I welcome this register. It is important that we send a very clear message in this country that there is no place for domestic violence or gender-based violence. I read with interest that others want it broadened to include more things. It is very important that the register exists. The more we talk about and call out behaviour that is not acceptable, that is costing people their lives and that is ruining people's lives, the better. I worked in a domestic violence project in London back in the 1990s. I was struck by the number of people from all walks of life from different projects supporting women. I stated recently in the Chamber that I do not know whether there is more prevalence now or more people reporting now but what I will say is that my clinics are constantly full of women experiencing horrific abuse in their homes. What happens to a woman in a relationship - if we can call it that - is that she is broken down to nothing. It corrodes everything, including her self-worth. It removes her independence and it removes every relationship she could possibly have with anyone who might be able to help her out of that situation. I said here last week that we need more people around those women to call out this behaviour. We need men to call out men on this behaviour. We need our men to tell other men to stop behaving like that, to ask them what they are doing and to tell them that is not how to treat women. We need to have an education programme for men and women to say this is not how we go on with one another and to explain what a healthy relationship is. I am so glad to see youth workers around this country working so hard to talk about consent and positive relationships with one another. Our schools could be encouraged quite strongly to do more in this case. Families could be really supportive in how we support one another to educate our young people on what is a healthy relationship and what is not, and what will happen and what needs to happen if somebody finds themselves in a relationship that is absolutely horrific for them. I pay tribute to Jennie Poole's brother Jason, who is here. I am sure this is an absolutely horrific time for him to come in here again. I am thinking about his poor sister. I would like more men to be like him. I would like more men to call out this behaviour and to challenge this behaviour so we do not have this situation. In a previous job, I worked as a designated liaison person for child safeguarding. When a child has witnessed domestic violence and been subjected to child abuse as part of that toxic horrific relationship they also need to be protected. It is very challenging to report parents to Tusla for this. Tusla is very overwhelmed and sometimes people may not get the support they need. Helping young people to understand their mammy and daddy's relationship is very challenging. Encouraging them to keep talking about it and to keep saying the things they need to say so they get the support they need is really hard. I have also been at the family court supporting family and friends who were seeking protection orders and barring orders. I have seen the shells those women became. I have been really angry with family and friends, asking why they did not call him out on that behaviour, and saying to my family and friends they should call him out on that and not to let him behave like that. The full weight of the State needs to be put on men who think that behaviour is in any way acceptable because it is not. Whatever the mechanisms we need to ensure this happens, whether it is education, a register, more laws or more punishments, let us do it.
Matt Carthy (recorded as: Deputy Matt Carthy)
It is fitting that this legislation will be known as Jennie's law in memory of Jennifer Poole who was murdered in 2021 by her former partner Gavin Murphy. It was only after Jennifer's death that her family became aware of Murphy's history of domestic violence. The Bill introduces a register of domestic violence judgments that will apply to individuals convicted of domestic violence against a partner or former partner. Ba mhaith liom tosú le moladh a thabhairt do Jason Poole. Táim cinnte go bhfuil a theaghlach an-bhródúil as an méid atá bainte amach aige i gcuimhne ar a dheirfiúr. I acknowledge the service Jason Poole has given by campaigning for this legislation during his family's own grief. I believe that what Jason has achieved will save lives and will protect many others from danger. I also acknowledge the Minister and commend him for bringing forward this legislation. By providing a mechanism through which relevant information can be disclosed in appropriate circumstances, the legislation has the potential to empower people to make informed decisions about their safety. The legislation lists the offences to which this will apply. Of course, it will not be a panacea for the crisis of domestic and gender-based violence. We know that abuse is not always apparent at the early stages of a relationship and understandably many people would not even think to consult a register such as this at that point. For those who have concerns, a domestic violence register will be important. It is crucial that those with concerns who seek to consult the register are offered other supports. While I welcome the Bill, I do believe there are a number of small changes that could be made to the Bill. I appeal to the Minister to accept amendments on Committee Stage tomorrow. There are two key changes that I think the Minister should consider which, in my view, would strengthen the legislation. The period before a person can apply to be removed from the register should be increased from three years to five years. If it is recognised that being included on a domestic violence register is not an additional punishment on the perpetrator but rather about the protection of potential victims of domestic violence, then increasing that period cannot be seen as punitive. Three years is far too short. I appeal to the Minister to accept amendments to increase the period to five years. The other key issue is in relation to what convictions qualify for inclusion in the domestic violence register. There is a concern that the remit of the legislation is too narrow and may not actually capture the bulk of domestic violence offences. Women’s Aid has warned that many domestic violence-related offences under the Non-Fatal Offences Against the Person Act 1997 are prosecuted summarily in the District Court and would not be captured by the proposed register as drafted. We also know that many domestic violence charges are reduced to lesser offences through plea bargaining, for example, from a section 3 to a section 2 assault. Even where this is against an intimate partner, this could result in a person not being included on the register when, in fact, there may be a much wider pattern of domestic violence. This is something I am also hoping the Minister will look at again and accept amendments on. Unfortunately, in the past week alone, two more women have lost their lives in violent circumstances. As I said last week when we were launching the Oireachtas justice committee’s report on tackling domestic and gender-based violence, we all have to redouble our efforts to confront this crisis. This means focusing on prevention, safety, having an effective justice system and properly supporting victims of domestic and gender-based violence during and after the judicial process. I ask the Minister to examine the proposals of the Oireachtas justice committee’s report, including in relation to matters such as bail, the enforcement of domestic violence protection orders and ensuring that An Garda Síochána is held to the highest standards possible when it comes to domestic, sexual and gender-based violence. As I said, I welcome the fact that we are at this point. This is but a small step in what has to be in an all-of-society effort in tackling the scourge and epidemic of violence, particularly against women.
Alan Kelly (recorded as: Deputy Alan Kelly)
I welcome Jason Poole and thank him for his incredible advocacy and work in pushing the Legislature to reach this day. It is commendable. He has changed Ireland as part of his work. Well done. These were tragic and terrible circumstances for him but his advocacy has been incredible. A lot of the time in here, we give out about one another, and all of that, but I have to commend those who are in this space, including the Opposition spokespeople and the Minister, on the manner in which this legislation is being brought forward in a fairly timely manner, as well as those who drafted it. We will have some discussion tomorrow in relation to a few timelines but I believe, collectively, that we are all on the one page and for the right reasons. I acknowledge that. This Bill is critically important and absolutely necessary but it is not, in the broader sense, going to change the way in which we need to fight domestic and gender-based violence. There is so much that needs to be done outside of this Bill, preventively and educationally. This commences at a very early age in relation to education and the issues around consent. I am glad to see that much progress has been made in recent years on a lot of the changes from an educational perspective. This needs to be holistic and everywhere. It needs to be in every factor in society so that the message gets out that any form of this behaviour is completely and utterly unacceptable. In relation to the legislation itself, people should have the chance to know if their partner has a history of serious domestic violence. This is sensible. It is probably something we should have dealt with a number of years ago. There have been different approaches to this issue in different jurisdictions. I looked up what the UK did with Clare’s law, and there have been various different variations across the EU in respect of what we are bringing in here this week. It is essential, however, that we make sure what is being done here is indeed the best and most effective way forward as we see it within our own domestic law. In the UK, Clare’s law put in place a domestic violence disclosure, DVD, scheme, which allows the police to disclose and proactively inform people of their partner's relevant past convictions. The new register of domestic violence under this Bill before us today differs from the UK precedent in important ways. Being honest, there are probably risks inherent either way. I am sure that those who drafted the legislation, the Minister, the Attorney General, and his officials, have gone through this. I can see the risks in both models. DVD schemes like Clare’s law rely on the police providing information. This carries the possibility of there being delays, which would be a real issue and something I am sure the Minister was conscious of. A report in the UK shows many women waiting for hundreds of days for disclosure, which would not be acceptable. Direct contact is also typically required with the police to initiate the process, something that can be a barrier, particularly for those who are marginalised, vulnerable, in difficult situations, have communication issues, etc. The efficacy of DVD schemes has been questioned, so we understand why the Minister has gone down the road of taking a different approach. When this was being discussed previously, when we looked at it in the committee, the variation in approaches and the manner in which the Minister was going to go about this were things we looked at. We do understand why he has taken a different approach. However, we would like to hear some reassurance from him on a couple of points. The information to be included on the register is, by definition, limited in nature, relating only to serious convictions. Of course, though, the absence of information should not necessarily mean an absence of concern. The question is: how we can deal with this issue? How do we make sure that somebody does not take a false sense of security from finding out that their partner or prospective partner is not listed? This is a very sensitive and difficult question to answer but it is something that we need to discuss here. How do we also ensure that the need for victims' consent is not manipulated, with victims being put under pressure or coerced not to give their consent? This is a real question that we must address. We must make sure that the supports are in place to allow victims to safely make an independent, informed decision. In other words, what supports will be there to ensure that victims feel they have the capacity, strength and support to be able to do it? It is an important consideration. Will there be wraparound supports? Will there be other supports in this regard? The Minister might outline them further. My colleagues in the Seanad raised the issue of possible misidentification. We need to ensure that this does not become open to abuse by vigilantes. We would have liked to have seen more details provided for in the register itself, ensuring that any possibility of misidentification was certainly minimised, and ideally zero. How can we ensure that there will not be those who will try to do something like this to affect people’s reputations? Most importantly, we must recognise that this is not a silver bullet, as I said previously. We need to see a greater holistic approach across society and greater urgency in tackling domestic and gender-based violence. This Bill is very welcome. I have raised questions, and, similar to previous speakers, I also have questions in relation to timelines. We will, however, be supporting this Bill wholeheartedly. We are looking forward to it being brought through the Dáil this week and being enacted as soon as possible.
Paul McAuliffe (recorded as: Deputy Paul McAuliffe)
I welcome this Bill, Jennie's law, to the House and I welcome the opportunity to speak on it. The legislation is the culmination of years of hard work, advocacy and determination on part of the Poole family. Jennifer Poole was from Ballygall and had been in touch with me many times on many different issues. She was the 24-year-old mother of Nevaeh and Zack, an amazing healthcare worker, a much-loved member of her camogie team in her GAA club, Erin's Isle. On 17 April 2021, she was killed in her home on Melville Drive in Finglas by her ex-partner Gavin Murphy, who is now serving a life sentence. What compounds the tragedy is that Jennifer never knew or had any way of finding out that Murphy had a previous conviction for assaulting a former partner. He told her he had been living in Spain. In fact, he had been in prison. Her family believes that if she had known this, she would have made a different decision and not have proceeded with the relationship. What was all the more difficult was that her family did not know of this previous conviction either until they heard it during the court case for her murder. They were stunned. Since 2021, Jason, her brother, has turned his family's grief into a powerful campaign that has included petitions, media appearances and meetings with successive Ministers with one simple aim, namely that no other woman will be unable to access the fact that a previous judgment had been made against their partner. He has the full support of his community in Finglas, which has backed him from the very start. On a personal note, it has been a privilege to work alongside Jason on this campaign. He is a credit to his community, as was his sister. It has also been a pleasure to work with Senator O'Loughlin and the Minister, Deputy Jim O'Callaghan. I acknowledge the road this legislation has travelled. It started with Senator O'Loughlin's draft of an original Bill with Jason which was brought to the Seanad. The Minister backed this campaign as a backbench TD long before he had responsibility for in the area. The legislation has now been brought to Cabinet and before these Houses. The Bill inserts a new Part 3A into the Domestic Violence Act 2018, establishing a public domestic violence judgments register managed by the Courts Service whereby if a person convicted on indictment of a serious domestic violence offence, including murder, manslaughter, rape, sexual assault, non-fatal strangulation, harassment and coercive control, the trial judge will have the discretion to publish that judgment. The victim's consent is required. A person may apply to be removed from the register but not earlier than three years after the conviction. Any removal will remain at the court's discretion. I also welcome the elegant method the Minister used to make this information available. As Deputy Kelly said, it was tricky as to how we would proceed. The approach the Minister has selected avoids potential obstacles which could have prevented the legislation being passed. Our courts are required to administer justice in public. In principle, every conviction is already a public fact. In practice, with fewer court reporters than there used to be, a lot of judgments go unreported in the media. Rather than build a new register, the Minister has simply ensured that the judgments which are already public will actually be published, relying on a principle of open justice. I echo the Minister's point that a register alone is not a solution. It has to sit alongside a wider strategy around funding of victims' support organisations, awareness raising and the work of Cuan. This law will be transformative in helping people across Ireland who are in a relationship to discover whether their partner has a history of serious domestic violence convictions. In her life, a mother, a care worker, a club member, Jennifer Poole gave so much to our community. She stood for everything that is positive about our community. It is fitting that even after this tragedy, she and her family have inspired this community to pass Jennie's law and save lives in this country.
Mark Ward (recorded as: Deputy Mark Ward)
Before I talk about the legislation, I want to put it in context. As the Minister knows, there is an epidemic of violence against women and girls in this State. Most recently, we saw the murder of two women, Jamey Carney in Kerry and Adina Raluca Constantin in Laois. I extend my condolences to their families and loves ones. The suspect in their murders is their partner or former partner. Women's Aid has published some very startling figures. Since 1996, 286 women have died violently in this State. Some 63% of them were killed in their own homes, 55% were killed by a partner or ex-partner and nine out of ten knew their killers. Your home should be a safe place. Unfortunately, it is not a safe place for many women. This is a huge problem. That is only talking about deaths; there are countless other women experiencing domestic violence and abuse in their own homes. Domestic violence refuges need more funding. We need accommodation in every county. Another report I saw shows that over a six-month period, nearly 1,900 women were turned away from services because they were oversubscribed. I know women who could not find a safe place and had to return to unsafe and potentially deadly home environments. This legislation will introduce a register to apply to individuals convicted of domestic violence against a partner or former partner. The register will be publicly accessible. Inclusion on the register requires victim consent before publication. As was said already, safeguards are definitely needed in relation to this aspect to make sure there is no coercion or anything like that. This is an important step to protect women form potentially violent partners. I am on the justice committee. We recommended that this legislation be named in honour of Jennifer Poole, who was murdered in 2021 by her ex-partner, Gavin Murphy. It was only after Jennifer was killed that her family became aware of Murphy's history of domestic violence. I commend Jennifer's family, in particular her brother Jason, who I welcome to the Gallery. He has led the call for the introduction of this register.
Ruth Coppinger (recorded as: Deputy Ruth Coppinger)
I welcome the introduction of Jennie's law. I commend her brother Jason on all of the campaigning he has done over a number of years to bring this about. My hope it will at least bring a stigma to what is called domestic violence. There has not really been the kind of stigma there should have been over the years. I want to put this in context. Women's Aid released its report recently. It shows a 33% increase in violence in the home against women in 2025. That is a 33% increase in disclosures. We do not know if this reflects a similar increase in the level of violence, but I reckon it is a bit of both. More awareness, non-acceptance and less tolerance are also factors. Women's Aid's front-line services heard 62,275 disclosures, an overall increase of one third, as I said. Some 85% of these women were abused by a current or former partner. In fact, one third were abused by a former partner, which shows that the old cliche of "Why does she not leave?" is not the solution because the relationship ending does not mean the abuse ends. There are serious challenges within the family justice system, post-separation abuse and the housing crisis which is trapping women and forcing them to choose between violence or homelessness that the Minister has to address. We have all had many contacts on that issue. What kind of abuse are we talking about? Trigger warning for anybody who is listening in, but there were 1,522 disclosures of abuse during pregnancy or just after a baby was born and 1,321 threats to kill women, children and family members or to self-harm. We have to recognise that on this island yesterday, another woman and child were murdered in the family home in Ballymena. There were two femicides last week. There have been 670 disclosures of abusers threatening to take children from their mothers, as well as rape, non-fatal strangulation against women, stalking online and offline - the list goes on. Every ten minutes a woman or girl is killed by a family member or partner in the world. It is a relentless situation. In Ireland, it is a huge problem. Last week, there was an unbelievable situation where two women were murdered. One, because she was killed by somebody of a different nationality and she potentially was in a relationship with suspect - there has been no trial - she got different treatment. There were comments on her own social media page condemning her and victim-blaming her. Imagine her daughter and her family had to see that. That is because there are racists in this country congealing around the issue of gender-based violence and trying to turn it into a race issue - people who have no interest in violence against women at any other time except if it is carried out by someone who is not Irish.
Paul Murphy (recorded as: Deputy Paul Murphy)
I pay tribute to the family of Jennie Poole, and particularly her brother Jason, who is in the Gallery and who fought very hard for many years to get this important legislation implemented in her memory. It is a tragedy that the law has come too late for Jennie, but it has the potential to protect other women at risk from dangerous intimate partners. At the moment and until this law is passed, there is no way for people to find out whether their partners have a history of violence against women, even if they have previously been convicted of a serious offence, such as rape or coercive control, and even if they have served a prison sentence for it. The Bill was, in part, inspired by the domestic violence disclosure scheme in England and Wales. However, there is no provision in it for An Garda Síochána to proactively disclose a violent offender's history to a new partner. The Minister has previously said that, under Operation Devise, An Garda Síochána will provide support to new partners of people with serious domestic violence convictions, closely monitor any evidence of new violence and have a proactive arrest policy, but that is not the same as knocking on a door and warning a woman that her partner has a violent past. Instead, the law puts all the onus on women and other members of the public, such as their friends and family, to look up the domestic violence judgments register. It has been possible in other jurisdictions to enable proactive disclosure, so I am not sure why it cannot be done here. Unfortunately, this law, while welcome, is only one part of the battle in a war against male violence against women. Gender-based violence is endemic. It is an epidemic. The courts are full of women seeking barring and harassment orders. Thousands of children are growing up in violent homes. As of last week, eight women had been killed in Ireland so far this year. They are Scarlett Faulkner, Linda Costello, Milena Ostojic, Yveta Donovalova, Masuma Sohrabi, Noreen Daly, Adina Constantin and Jamey Carney. Yesterday in Ballymeena, another woman and girl whose names we do not know yet were murdered. Laws like this one are welcome, but they cannot tear out the problem by its roots, which are in sexism, misogyny and the way capitalism breeds and profits from that sexism and misogyny. We all know it is on the rise. It is happening among young men, who in the past would always have had more progressive attitudes than those who went before them. One of the primary drivers of this is the online manosphere. It propagates toxic masculinity and hatred of women for profit. Millions of people around the world are being exposed to this toxic content every time they log in to social media and the big tech companies are making millions out of it. It is normalising misogyny on a global scale. It is a kind of mass brainwashing that is driving attitudes towards women back into the dark ages. It is not good enough just to deal with the after-effects. Prevention is always better than cure, so the Government should be tackling gender-based violence at source by combating misogyny, including by turning off toxic algorithms that are driving toxic content and toxic real-world behaviour.
Charles Ward (recorded as: Deputy Charles Ward)
I welcome Jennie's law. The publicly available register of judgments will be a life-saving resource, as people in relationships or considering relationships will be able to see whether people have histories of domestic violence convictions. I thank Jennie Poole's family, particularly Jason, for the work they have done on this in recent years. I have no doubt that, without them, we would not be where we are today. This could not come at a more crucial time. We are only halfway through 2026 and the number of women killed in Ireland has already overtaken the figure for all of last year. Today's events in Ballymena echo this as it continues. There is an epidemic of violence against women. It is not stopping. It is clear that there has been a demand for domestic violence services in Donegal in recent days. Domestic abuse is increasing and becoming more and more complex. I spoke in depth with Jessica Gallagher, who is clinical director of the Uplift Project. She works alongside women who are affected by domestic abuse, coercive control and sexual violence in Donegal. She said that demand for the service demonstrates the scale of unmet need. The service receives 20 contacts from service users each day and five new referrals every week. It is clear that there is a significant gap between the crisis intervention and long-term recovery, with many victims shockingly being left to source their own support. I was particularly struck by the case in Donegal of a woman in her 60s who had been left with intergenerational trauma, depression and PTSD and had repeated suicidal crises, having suffered prolonged domestic abuse and sexual violence. She did not receive the substantial person-centred supports she desperately needed to rebuild her life. Support has to be extended beyond crisis intervention. Full and proper recovery requires long-term support and giving women the opportunity to truly rebuild their lives, yet organisations that provide essential life-saving services are often forced to continue to operate in uncertainty regarding funding, forcing them to devote valuable time and energy to securing resources instead of expanding supports to be available to victims and survivors. Vital services supporting victims should not have to compete for funding. Fundraising should not have to happen. It is a ridiculous situation that they rely on short-term grants to remain open. Domestic abuse funds should not be relocated and unspent funds in Donegal should remain in Donegal. These services should be recognised as essential public services and should be fully funded to allow people to continue this life-saving work.
John McGuinness (recorded as: Deputy John McGuinness)
I commend the Minister on bringing forward this stand-alone legislation. It is important that he continue his work reforming the various aspects of legislation that need to be examined and updated in the context of what society faces today. I have no doubt that this Bill will assist partners to know about the records of those who have committed serious domestic and sexual abuse and so on. It is timely because, in my work in the constituency, I come across too many cases of sexual and gender-based abuse, too many cases where women in particular are controlled by their partners in terms of their finances, social activities and how they conduct their lives generally. There seems to be very little they can do to prevent their partners continuing to make their lives miserable. There are support services, but we need to fund them more extensively. The refuge centres serve a great purpose, but they need to connect more directly with local councils to ensure that whatever housing is needed is delivered. That would require more funding for local authorities, but if we are to address this issue, all of the negative impacts experienced by people being abused must be considered. I have come across families where the couple continues to live in the same house, the woman continues to be abused, and the Garda and local services are aware of it, but it is extremely difficult to get that person out of the house and into alternative accommodation. That is why I make the point about the funding. There are other cases of men stalking women being reported to the Garda. Letting time pass to build up evidence for a case is having horrific impacts on women. I do not know when it began to escalate, but it is now the situation that the sexual, physical and financial abuse of women is out of control. I hope that this Bill, when implemented, will provide a register that at least might save some person, male or female, from such violence in the future. I commend the Poole family and Jason in particular. My colleague, Deputy McAuliffe, gave a very elegant outline of the efforts made by that family. I commend them for coming forward. I commend Jason for the work he has done. I will finish by again asking the Minister about funding. I ask him to consider what is available today and to compare it with the awful and traumatic circumstances that some people who are being abused have to face every day. I ask him to find some new way of providing a route for them to escape the clutches of their abusers. The sooner that we get to grips with all of this, provide all of the services, provide the power of arrest to the Garda and pass this legislation, the sooner we will be led to other steps that need to be taken. I urge the Minister to continue with reform and to continue to monitor the reforming legislation being brought forward so that changes can be made immediately and effectively.
Natasha Newsome Drennan (recorded as: Deputy Natasha Newsome Drennan)
I strongly welcome the introduction of the domestic violence register and fully support this Bill. It is encouraging to see cross-party support for its introduction, which is a clear sign that this issue crosses all political divides and demands action. The reality is that domestic violence is seldom a one-off incident. If it happens once, it will happen again. That is precisely why a documented history of domestic violence is so crucial. The register will apply to individuals convicted of domestic violence against a partner or former partner based on a specified list of offences. The register will be publicly accessible via the website of the Courts Service. Importantly, the victim's consent is required before any inclusion on the register and publication. This legislation exists because of the advocacy and commitment of Jason Poole, whose sister was killed by her ex-partner, a man with a documented history of domestic violence. The research clearly shows that individuals with prior records of abuse are significantly more likely to offend, often with escalating severity. While we support this legislation, we will scrutinise its provisions closely to ensure that issues raised during the pre-legislative scrutiny process are fully addressed. These issues include Jason's important concern that three years is far too soon for a person to be removed from the register. In Kilkenny, we are fortunate to have Amber Women's Refuge, which does amazing work in providing care and support for women who are victims of abuse. Over the past 25 years, Amber has grown and become a safe haven for many women and children. For far too long, Carlow has been one of the few counties in the State without a women's refuge. Given the rise in calls relating to domestic abuse and cases of domestic abuse, that is nothing short of a disgrace. No county should be without a women's refuge.
Paul Lawless (recorded as: Deputy Paul Lawless)
I commend Margaret Loftus from my own constituency of Mayo for her work in raising awareness of domestic abuse. I also commend the report recently published by the justice committee. Ms Loftus has raised many concerns. The in camera rule is one of them. She told the committee that the in camera rule prevented a lot of information from coming out. It is essentially a veil of secrecy. It needs to be looked at and reviewed. I welcome the publication of the Women's Aid report. I have read and studied it. We see record numbers of women contacting the helpline. The report details 500 cases of non-fatal strangulation, 1,500 cases of abuse while the victim was pregnant and 670 cases of abusers threatening to have children taken away from their mothers. There is a massive amount of work that must be done in relation to this issue. I will raise the tragic case of Jamey Carney, the shocking murder we saw in Kerry. The Minister needs to come out in relation to this. There needs to be much more transparency. It is hard to believe that the person of interest has not been in any way highlighted. Photos have not been disseminated and there has been no awareness campaign. That must be addressed. How was this person of interest able to board a commercial flight and leave the country before An Garda Síochána was even aware of the situation? The law was changed on 12 June, effectively making it easier for an asylum seeker to abscond and leave the country. The law was effectively weakened. Just three weeks ago, on 26 June, it ceased to be an offence for an asylum seeker to abscond and leave the country during the applications or appeals process without notifying the Minister. Why was that the case? Why can a person seeking asylum here now abscond and leave without any trace? It is extraordinary. No one is talking about it.
Paul Nicholas Gogarty (recorded as: Deputy Paul Nicholas Gogarty)
Like others, I have called for this Bill, Jennie's law, and now welcome it. It came through the Seanad first in order to speed it up. I thank the Minister for doing that to get it through the process before the recess. It is a significant step forward in protecting victims of domestic abuse. For too long, the horrific realities of coercive control, assault, non-fatal strangulation, which others have mentioned, and other forms of abuse have been hidden in this system of silence. By establishing a public register of convictions, the Bill brings these crimes committed by dangerous people into the light of day. In theory, it empowers those with information to help to protect others, although they are often victims themselves or the relatives of victims. While I support the core principles of the legislation, we also have to listen to some of the constructive criticism raised across this House and beyond. If this law is truly to protect victims, we have to address some gaps before its final passage. For example, there is a deep structural conflict between the register and the family court system. I have raised the in camera rule separately. Under this Bill, an offender can only be placed on the public register with the express consent of the victim. However, as long as the family courts operate under the strict secrecy of the in camera rule, victims may well be too terrified to give that consent. They may fear that publicly naming and shaming an abuser will trigger retaliation in closed-door custody and access proceedings. Currently, the system cannot adequately police such retaliation. To really help survivors, we have to reform the in camera rule and bring transparency to family justice. Serious questions remain regarding the process of applying for removal from the register. As it stands and as others have mentioned, an offender can apply to be removed from the register three years after conviction or on completion of their sentence. That is too short. However, I welcome this legislation in general.
Ken O'Flynn (recorded as: Deputy Ken O'Flynn)
I will say what half of this country is thinking and what this House has refused to hear: women in Ireland do not feel safe walking through the capital city, through Cork city, where my own constituency is located, or through towns and villages where women once thought nothing of walking home alone. That precious ordinary freedom has been taken from the Irish woman. It did not happen by accident. It is the result of policy. Eight women have died this year. Of the identified suspects, one is Irish. That is not an invented figure and I will not be silenced for repeating it in this House or anywhere else. It is not only Ireland's shame; it is Europe's. The Swedish National Council for Crime Prevention reports that people of foreign backgrounds make up one fifth of the population but 43% of homicide perpetrators. It is reported that half of the women murdered in the Kingdom of Spain this year were killed by foreign nationals. Across the Continent, governments have opened their doors and lost control of their borders. When their own citizens stand up and take notice, these governments lecture them and call them far-right for calling them out. We in Europe have brought this upon ourselves and our women are paying the ultimate price. The Hibernophobic mistress of misandry, Deputy Coppinger, said it was racist to report the truth about the suspect in the killing of Jamey Carney. She blames mainstream media. She blames the toxic culture of Irish masculinity. She blames phobic this and phobic the other. It is phobic when the truth does not fit her narrative. I say to this House that the women of Ireland are not afraid of slogans. They are not afraid of slurs. What they are afraid of, however, is a man wanted for raping four children in Britain who hid out for a month in County Cork. There is an increasing feeling across this country that Ireland has become a refuge for those fleeing justice and not persecution. That must stop. I say to the Minister that this Bill - the facts are on the record - is a good Bill and I will support it, but the people are owed the truth. As God is my witness, they will have the truth from me and they will have the truth continuously from my party. I commend this Bill to the House.
Michael Collins (recorded as: Deputy Michael Collins)
The principle behind this legislation is straightforward. People should be able to make informed decisions about their own safety when entering a relationship. I support the fact that publication is not automatic. It remains a matter for the courts following a final conviction, with judicial discretion and, in most cases, the consent of the victim. That is an important safeguard. However, we must also ensure that in trying to protect victims, we do not accidentally put them at further risk. Victim privacy must be absolute, particularly in small rural communities where identification can happen more easily. I would also have concerns about the publication of residential addresses and whether this is necessary in most circumstances. There is another issue that has been very much on people's minds in recent days following the tragic death of Jamey Carney in Killarney. First and foremost, our thoughts are with her daughter, the rest of her family and all those who loved her. As Members of this House will know, the Garda has stated that a person of significant interest in the investigation left Ireland shortly before discovery of Ms Carney's body and reports indicate that this individual had previously come to Ireland through the international protection system. If it transpires that someone who came to this country seeking protection abused that welcome and committed such a horrific crime, then the Irish people will rightly ask very serious questions. They will ask how this could happen, how a suspect was able to leave the jurisdiction and how we can ensure that justice is done. Let me be absolutely clear - those seeking refuge in Ireland should be treated fairly and with dignity but equally, anyone who comes here must obey our laws and respect our people. There can be no tolerance for violence against women and no tolerance for anyone who would abuse the generosity of this country. While we must allow the Garda to conduct its investigation and any future legal process to take its course, this tragic case reminds us why public safety must always come first. The protection of victims and potential victims must remain at the centre of every decision we make in this House.
Naoise Ó Muirí (recorded as: Deputy Naoise Ó Muirí)
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.
Joanna Byrne (recorded as: Deputy Joanna Byrne)
A couple of days before my tenth birthday, I came home from school to once again find my mother beaten to a pulp and our home smashed to pieces. The bravery of my mother that day changed the course of our lives forever. With the aid of a social care worker, we were brought to a bed and breakfast before we moved to the women's refugee in Galway for a number of weeks while waiting for a longer term placement as the first family in the new women's refuge in Navan, which opened a couple of months later. My mam, the strongest warrior I know, left with four children and only the clothes on her back, bottles and nappies for my three brothers, who were toddlers at the time, and a Boyzone album on cassette, which was my birthday present. I know first hand the impact of domestic violence on women and more broadly on families. As a nine-, eight-, seven-, six- and five-year-old girl, I used to sit at the top of the stairs and pray to hear my mam scream or cry because it was the only way I knew she was surviving another beating. The only crime she committed in suffering that monstrous abuse was to fall in love and trust the man she married, the father of her three sons, and trust him to protect her and our family and not batter the life out of her. We were lucky. My mam was unbreakable. She is a survivor and we are a family of survivors. Not everybody is so lucky. As I speak today, I think of Jennifer Poole, whose brother Jason prompted this legislation in the name of Jennie's law in the aftermath of Jennifer's brutal murder by someone she too once loved. We in Sinn Féin support the introduction of a domestic violence register. A documented history of domestic violence is a strong indicator of future behaviour and serves as a protection to women right around this nation. While I acknowledge that we have come some way in the 30 years since we had to flee from our home, I still believe we need to do more in terms of preventions and supports but this welcome measure with regard to a domestic violence register is reassurance for women with concerns and offers some comfort to women in a society of ever-evolving domestic and gender-based violence. I urge the Minister, though, for the sake of the next victims and survivors and in the memory of the women who did not make it, to accept the amendment, increase the timeframe that retains somebody on the register for longer than three years and, crucially, ensure there is no evasion of entry onto this register in the first place through any sort of plea bargains.
Matt Carthy (recorded as: Deputy Matt Carthy)
Well done.
Jim O'Callaghan (recorded as: Minister for Justice, Home Affairs and Migration (Deputy Jim O'Callaghan))
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.