‘Transformative’ new laws passed to combat domestic, sexual and gender-based violence

'Transformative' new laws passed to combat domestic, sexual and gender-based violence

Minister for Justice, Home Affairs and Migration Jim O’Callaghan has secured the passage of a package of reforming legislation through the Dáil and Seanad aimed at strengthening protections for women and children and combating domestic, sexual and gender-based violence.

The measures are expected to be signed into law shortly by President Connolly.

Minister O’Callaghan said: “Recent tragic events have once again brought the reprehensible scourge of violence against women sharply into public focus. I want to provide an assurance particularly to women and children that I am steadfast in my determination as minister to confront domestic, sexual and gender-based violence in all its forms and the new laws passed this evening stand as a testament to that.

“I believe the laws will have a positive impact in helping to prevent these unacceptable crimes and in making those responsible publicly accountable for their actions while supporting victims and survivors and their families.”

Public register for domestic violence convictions

At the centre of the reforms is the Domestic Violence Judgments Register Act 2026, known as Jennie’s Law, named in memory of Jennifer Poole, who was murdered by her ex-partner in 2021. The law establishes a publicly accessible register of people convicted of domestic violence against a current or former partner, meaning serious offenders will no longer be able to conceal their history from future partners.

O’Callaghan credited the Poole family, particularly Jennie’s brother Jason, for their advocacy in bringing the law forward, describing the register as one strand of a broader government strategy to protect victims and cut reoffending.

Notably, a victim’s consent will be required before an offender can be named on the register, a safeguard welcomed by campaigners as essential to protecting survivor autonomy.

O’Callaghan said: “This legislation will help 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.

“The register is one part of the government’s broader, comprehensive strategy to protect victims of domestic violence and reduce reoffending.”

Stronger protection for counselling notes

The same reform package — contained in the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026 — restricts the disclosure of victims’ counselling notes in criminal trials “to the maximum extent possible.” Under the new default position, such notes, along with other sensitive records like medical and child protection files, will not be disclosed unless a judge orders it is necessary to ensure a fair trial.

O’Callaghan acknowledged that disclosure of these records can cause victims serious distress, but said a total ban would be unconstitutional, as it would risk undermining the right to a fair trial and the presumption of innocence.

He added: “Strong protections must apply to the handling of victims’ counselling notes in criminal trials.  I have ensured the default position will be that counselling notes will not be disclosed, save for the cases where disclosure is ordered by a judge and warranted in the interest of justice and a fair trial. This creates a form of statutory privilege whereby counselling notes are not disclosable unless there is a risk of an unfair trial.

“The same protection regime is applied to other victims’ records containing sensitive personal data, such as medical records, child protection records and other such documents.

“I am aware that the disclosure of counselling notes can cause deep distress to victims and survivors of sexual violence. The government is committed to minimising intrusion into victims privacy to the greatest extent possible. However, this must be done within the Constitution, which guarantees the right to a fair trial and the presumption of innocence.

“A complete ban on counselling notes would be unconstitutional as advised by the Attorney General. To do so would risk convictions or lead to mistrials. I want to thank those survivors and organisations working in the sector for their constructive engagement on this amendment.” 

Criminalising ‘Sex for Rent’

The legislation also creates two new criminal offences targeting the practice of offering, or advertising, accommodation in exchange for sexual activity, closing a gap that has allowed this exploitative arrangement to persist.

Removing guardianship rights krom killers

A second piece of legislation, the Guardianship of Infants and Child Care (Amendment) Bill 2026, known as Valerie’s Law, allows courts to remove or restrict guardianship rights from a parent convicted of killing the other parent of their child. The law is named after Valerie French, murdered by her husband seven years ago, and follows a long campaign by her brother, David French.

O’Callaghan said guardianship in such cases should be treated as a child protection and welfare matter rather than a private family dispute, arguing the change puts the best interests of the child first and prevents perpetrators from maintaining control over their children’s lives.

O’Callaghan added: “I strongly believe guardianship when one parent kills another should not be regarded as a matter of private law to be determined between the families concerned - it must be regarded as a child protection and welfare issue.

“This legislative change is about putting the best interests of the child at the centre of the court’s decision. It will protect vulnerable children from further trauma, provide clarity for surviving family members and prevent perpetrators from maintaining control over their children’s lives. I would like to particularly commend David French for his advocacy on this important matter.”

Next steps

O’Callaghan signalled further reform is coming, pointing to the harmful effects of extreme and violent pornography on young people’s understanding of healthy relationships and consent. He confirmed the government has approved drafting of legislation to criminalise the possession, production and distribution of such material, citing links between the industry and human trafficking, prostitution and child sexual abuse.

He added: “Considering the gap that exists in the legislation and the harm being done through the dissemination of this material, earlier this week I brought forward proposals to criminalise the possession, production or distribution of extreme or violent pornography, and secured government approval to commence drafting this legislation.”

Cautious welcome

Dublin Rape Crisis Centre welcomed the enactment of Jennie’s Law but cautioned that its real-world impact will depend on whether conviction rates for domestic and sexual offences actually rise.

Chief executive of Dublin Rape Crisis Centre, Rachel Morrogh, said: “Perpetrators of domestic, sexual and gender-based violence have for too long hidden in plain sight, and this provides people with an opportunity to access information that may indicate a serious risk to them within their relationship.

“We particularly welcome the requirement that a victim’s consent must be obtained before a convicted offender can be named on the register. Respecting the autonomy of victims and survivors must remain central as the new system comes into operation.

“It is important to recognise the limitations of any register. People need to understand that most perpetrators are never convicted of a crime, whether because the crime is not reported or because a prosecution doesn’t or cannot happen, so the names on the register will be a drop in the ocean compared to the true threat.

“The register’s success depends on increasing convictions for domestic and sexual offences, and why making the justice system more victim-centred and encouraging survivors into it must remain a political priority.

“We encourage anyone experiencing intimate partner abuse, or worried about their relationship, to contact a support service, whether or not a name appears on any list. Specialist services can offer information and support without judgement, and at the person’s own pace.

“That support must equally be there for anyone who discovers that a partner is on the register. Accessible, available services will be essential to the register achieving what it is meant to achieve.

“We want to congratulate Jason Poole and his family on their incredible advocacy. As they have said, no one should ever be just a statistic. Jason has personally driven much of this progress and deserves wide recognition and thanks for ensuring that Jennie’s legacy will help protect others in the future.”

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