Philip McCormack Research Officer

Cosc – Ireland’s National Office for the Prevention of Domestic, Sexual

and Gender-based Violence

EIGE 26th November, 2015

Overview

Context: FRA and Council of Europe

European Victims Directive and Istanbul Convention

Ongoing work in Ireland incl. Data Collection

Legislation

Examples of Initiatives by Criminal Justice Agencies

FRA Study According to the FRA study fewer Irish women surveyed experienced sexual violence by a partner or a non-partner since the age of 15 (8% of Irish women surveyed compared to an EU average of 11% of women surveyed)

Fewer Irish women surveyed experienced a number of constituents of domestic abuse by a partner compared to the EU average and are among the lowest in Europe

o Psychological violence (31% compared to 43%). o Controlling behaviour (23% compared to 35%). o Economic violence (10% compared to 12%). o Abusive behaviour (24% compared to 32%).

More Irish women contacted the police as a result of violence compared to the EU average

o by a partner (21% compared to 14%), or . o by a non-partner (16% compared to 13%).

Council of Europe

According to the recently published Council of Europe analytical study of the results of the 4th round of monitoring on Recommendation (2002)5 on the protection of women against violence, Ireland is one of only nine Member States where the ratio of shelter beds relative to population is higher than one, the recommended rate. Ireland has 1.29 shelter beds per 10,000 population.

European Victims Directive Brought into force from 16th November, the Directive provides that victims of crime will be able to…

- receive an individual assessment to identify victim’s specific protection needs - access victim support services

- enjoy safeguards in the context of restorative justice services - access protection - enjoy privacy in the context of the criminal proceedings

Legal and Administrative measures to implement the Directive

As of last week, five Member States have informed the EU Commission that they have effectively transposed the Directive

European Victims Directive

Criminal justice agencies have put administrative procedures in place to meet the obligations set out in the Directive

Draft Criminal Justice (Victims of Crime) Bill expected to be published before the end of the year.

Significant consultation and information exchange with groups working with victims before publication of the Directive

New victims charter being drafted to take account of the changes in administration, procedures and legislation

Istanbul Convention

- Ireland signed the Istanbul Convention on 5th November

- Ratification Plan agreed with cross- sectoral partners

- Actions included in the 2nd National Strategy on Domestic, Sexual and Gender-based Violence

Second National Strategy for Domestic, Sexual and Gender-based Violence

Contains actions

- to enable ratification of the Istanbul Convention

- to implement the Victims Directive

Contains other relevant and ongoing actions

Publication expected shortly

Awareness Raising

“SAY SOMETHING” Research with the Union of Students of Ireland

- Ongoing work with the Union of Students of Ireland on #Ask Consent Campaign targeting young people

- International Recognition (e.g. Canada)

Extra €500k in funding for awareness-raising in 2016

Engaging with men through White Ribbon and MAN UP campaigns

Recognition that men can also be victims

Funding of Services to Victims of Crime Victim of Crime Office annual grant scheme to organisations working with victims of crime

Funding for court accompaniment, psychological support, National Victims Helpline and specialist services

21% increase in funding for the Victims of Crime Office Grant scheme 2016 (€1.5m)

€19m domestic and sexual violence support service funding

Expected that domestic and sexual violence support services will spend in the region of €35m in 2015.

€200,000 approx. funding to domestic violence support service for men.

Perpetrators of Domestic Violence

Work of Domestic Violence Perpetrator Programmes

o Increasing Coverage – standardised programmes o Increasing Effectiveness – uniform risk assessment o Partner Contact Arrangements

Data Collection Data Committee – “gold standard”

Joined-up data in general

Expert Group on Crime Statistics

Central Statistics Office – Plans to include modules on domestic and sexual violence crime and victimisation Survey 2017

An Garda Síochána – PULSE developments – mandatory fields on victim engagement

Legislation – Draft Criminal Justice (Victims of Crime) Bill

Victims will have a right to receive comprehensive information on the criminal justice system and their role within it and the range of services and entitlements they may access from their first contact with the Garda Síochána. (Irish Police Force)

There will also be a right to receive a written acknowledgement of the making of a complaint, as well as contact details as to where further information can be obtained.

On request, victims must be provided with information concerning the progress of the investigation and any court proceedings.

They must also be provided, if they so request, with information from the Prison Service of the release or escape from prison of an offender serving a sentence for an offence against the victim.

Legislation – Draft Criminal Justice (Victims of Crime) Bill

The right to an individual assessment to establish what measures, if any, are necessary for the protection of the victims from further victimisation is provided.

Victims of crime will have a right to access support services and interpretation, translation or other linguistic assistance will be provided to victims where it is necessary to help participate in the criminal justice process.

Set in law an obligation on criminal justice agencies to provide training to staff members who have contact with victims so as to increase their awareness of the needs of victims and to enable them to deal with victims in a respectful and professional manner.

An Garda Síochána (Irish Police) is also working to improve the experience of people reporting crime. A Garda National Protective Services Bureau has been established. Victim Services Offices have been established in every Garda Division to provide advice, information and support to victims.

Legislation – Domestic Violence Bill

Progressing legislation in the area domestic violence which will improve the protections available to victims by making it easier for them to obtain interim barring orders.

Courts process will also be made easier for victims of domestic violence.

Amongst the measures in the Bill are …

- the right to be accompanied to court by a family member or friend,

- the ability to give evidence by televisual link so as to reduce the risk of intimidation and

- a limit on those entitled to attend Court proceedings.

Legislation - Criminal Law (Sexual Offences) Bill 2015

· New criminal offences to protect children against grooming

· New measures to protect children from online predators

· New & strengthened offences to tackle child abuse material

· Introduction of new Harassment Order

· New provisions to be introduced regarding evidence by victims, particularly children

· Age of consent to sexual activity to remain at 17 years of age

· The purchase of sexual services criminalised

European Network on Victims Rights Initiative of the Netherlands

Other founder-members Ireland, France and Slovakia

Working to give effect ot Art. 26 of the Directive on cooperation and co-ordination of services for victims

Preliminary meeting held in Luxembourg on the 16th of November

An Garda Síochána (Irish Police)

Extensive training undertaken for frontline Gardaí, supervisors and management as well as the new policies, information leaflets and letters for victims which have been put in place

Establishment of Garda Victim Service Offices across all 28 Garda Divisions. They provide additional assistance to that already provided to victims and their families by investigating officers and Family Liaison Officers.

Establishment of the new National Protective Services Bureau. Work includes:

- Domestic Abuse Intervention

- Sexual Crime Management Unit - national oversight

- Sex Offenders Management & Intelligence Unit

- National SORAM Office

Office of the Director of Public Prosecutions (DPP)

The Office of the DPP, while remaining independent in its functions, has also put in place the necessary measures, together with An Garda Síochána, who prosecute cases in the District Court on behalf of the DPP to implement the Directive.

The introduction of certain measures to enable victims to receive reasons in the event of a decision not to prosecute and to seek to review such a decision as well as enable the DPP to seek special measures for vulnerable victims when their case comes to trial.

The Courts Service

The Courts Service is putting procedures in place to ensure that special measures are available to victims, including video-link evidence and putting screens in place to prevent unnecessary contact with the defendants in court.

New court facilities built recently have and those planned will have separate areas for victims to reduce the likelihood of contact with accused persons in their case.

THANK YOU!

pgmccormack@justice.ie