Domestic Violence Judgments Register Bill 2026: Committee and Remaining Stages
Seanad Éireann — 2026-06-25
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Jim O'Callaghan (FF), Dublin Bay South

I thank Senator Tully for her amendment. Obviously this is new legislation. It is a departure from what was there previously. When you are introducing new and novel legislation you have to proceed, as I am sure the Senator can appreciate, with caution at the outset. The advantage of establishing this as a statutory provision, and it being a principle in our legal system that there is such a statute available, is that we can review it and look at it and see how it is developing after it is enacted and we see its operation. What is proposed by Senator Tully is that the statutory period of three years for an application to have the name removed from the register be extended to five years. Under the current provisions, once a judgment is entered on the register it may only be removed following an application by the offender, and only after three years have elapsed from the date of conviction where no term of imprisonment was imposed, or from the date of release where the conviction resulted in imprisonment. The amendments propose extending that minimum period from three years to five years. In addition, amendment No. 9 seeks to introduce a provision enabling the court to order that the judgment shall remain on the register for a longer period.
I am not going to accept the amendments although I have given careful consideration to them. I emphasise, first and foremost, that there is no automatic expiry date for the inclusion of a judgment on the register. Once you are on the register, you will not get off that register of judgments unless you apply, but many people will not apply. The Bill does not impose any limit on the length of time a judgment may remain on the register. Once entered, a judgment will continue to be recorded unless and until the offender makes an application for its removal and the court is satisfied that removal is appropriate. In reaching that decision the court must have regard to a range of factors, including the offender's efforts towards rehabilitation and, importantly, the views of the victim. The Bill provides for a minimum period that must elapse before an offender may apply for removal and that period has been set by me at three years. It is important to recognise that inclusion on the register may have significant implications for an offender's ability to rehabilitate and reintegrate into society, including in areas such as employment. I have to take those factors into account as well. For that reason, the minimum period for inclusion on the register must be proportionate and must strike an appropriate balance between the objectives of accountability, public protection from domestic violence and rehabilitation.
I want to be clear that this provision does not permit the automatic or immediate removal of a judgment from the register once the three-year period has expired. It merely allows the offender to apply to the court for removal, with the final decision resting entirely with the court. I know Senator Tully is not suggesting this, but people should be aware that this statutory provision I am introducing does not simply mean you stay on the register of judgments for three years and then it elapses. There is no period after which it will stop unless an application is brought. The period we are talking about here is how long after conviction or release can an application be brought. I have said you have to wait for three years. Senator Tully says five years. On balance I will stick to three years. I have to be careful when introducing new legislation like this, which people will seek to challenge as is their entitlement, and I want to be able to show that it is proportionate and I have been proportionate in balancing the primary interests. These are on the one hand protecting women and people who have been abused and may be abused in the future by convicted people, and rehabilitation of offenders on the other.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-25/debate/main
Retrieved: 2026-08-14T04:55:07+00:00
Sitting date: 2026-06-25