Domestic violence register must include safeguards to combat 'unintended consequences'

Offaly Domestic Violence Support Service said: 'Victims may be placed under significant pressure by perpetrators, family, or community members to withhold consent for publication or, conversely, to consent against their own wishes.' File picture

There must be safeguards to stop victims of domestic violence suffering “unintended consequences” from the creation of a publicly accessible domestic violence register, the Government has been told.

The Data Protection Commission (DPC) has pointed out that while the register will contain the personal data of the offender, “there is considerable potential for the public identification of the victim following publication, and further serious impact in their own lives”.

Stakeholders including women’s refuges and domestic violence NGOs have made a number of recommendations to ensure victims are protected under the proposals.

The DPC said it will be important to ensure that any consent obtained from the victim “will reflect a voluntary, informed decision made with full understanding of consequences and risks that may arise from their being identified as a result”.

It said it is important that the conditions under which the victim’s identity might be safeguarded are set out so that they can make an informed decision.

Last year, the Government approved the introduction of “Jennie’s Law” which will see a new publicly accessible domestic violence register.

It is named after Jennie Poole, a 24-year-old mother of two who was murdered by her ex-partner in 2021. She was unaware he had a history of abusive behaviour and a conviction for assaulting an ex-partner.

As part of the initial steps on the bill, an Oireachtas committee is assessing it and received submissions from a variety of parties in relation to its provisions.

In its submission, Offaly Domestic Violence Support Services identified specific risks that would need to be managed.

It said: “Victims may be placed under significant pressure by perpetrators, family, or community members to withhold consent for publication or, conversely, to consent against their own wishes.

“Even where only the perpetrator’s details are formally recorded, in many smaller communities it may be straightforward to identify the victim(s) by association, particularly where the case is well known locally.”

The Law Society of Ireland advocated for a different approach.

It said, as noted by the minister, the register must not become a “vigilante’s charter”, with safeguards important to avoid encouraging misuse of the information, public retribution, or public unrest.

“In our view, the current framework creating the Register does not provide necessary safeguards,” it said. “[It should] restrict the access to the Register to interested parties (ex-partner or individual in a relationship with the convicted person or an interested third party).”

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