The Minister for Justice, Jim O’Callaghan, has got Government backing for a public register of domestic violence offenders. The Cabinet formally approved the drafting of legislation to establish a register, along with other measures, on Tuesday.
O’Callaghan has been promoting various iterations of the legislation for the last four years. He calls it Jennie’s Law after Jennifer Poole who was murdered in 2021 by her former partner who unbeknownst to her had a history of abusive behaviour. O’Callaghan’s says that a register will reduce the incidence of domestic violence and abuse by listing serious offenders. Jennifer Poole’s family have also campaigned for the move, feeling it could have alerted her and saved her life.
O’Callaghan makes the valid point that justice is exercised in public and those convicted of serious offences are generally named. However, the proposals still merit careful scrutiny by the Oireachtas. Public registers of serious offenders garner popular support because they promise a simple solution to the issue of reoffending, thus protecting vulnerable women.
They can, however, be a blunt instruments with the potential for serious unintended consequences. Officials in the Department of Justice have counselled against a register, warning that it could expose victims to the risk of further violence.
RM Block
Public registers can also cut across other obligations on the State such as the right to privacy and fair procedures. The risk of vigilantism against those on the register would be real. The scheme proposed by O’Callaghan contains a number of safeguards, the most significant of which is that it gives the courts discretion over which offenders go on the register. Victims will also have the right to object to their attacker’s name being published and after three years the convicted person can apply to the court to have their name removed .
These safeguards are necessary if Jennie’s law is to achieve its objectives. But this also raises the question of whether a public register is the best approach, or if other options should be considered, such as a UK-style scheme giving people the right to seek information on their partner’s previous convictions from records held by the police and requiring the police to take the initiative and inform them if they feel this is required.
The Garda currently operates a de facto register of sex offenders. They have the discretion to disclose an offenders record to third parties when felt necessary to prevent harm. Extending their remit to include domestic violence offenders – including an obligation to give information when asked – could be an alternative to a public register. Women have a right to know about the criminal record of their partners. The question for the Oireachtas is how best this can be achieved.
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