Domestic, Sexual and Gender-Based Violence Agency Act 2023

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Domestic, Sexual and Gender-Based Violence Agency Act 2023.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definitions

2. In this Act—

“Act of 2013” means the Child and Family Agency Act 2013;

“Agency” has the meaning assigned to it by section 5(1);

“annual business plan” has the meaning assigned to it by section 32(1);

“annual report” means an annual report as laid under section 33(5);

“Board” has the meaning assigned to it by section 7(1);

“chairperson” means the chairperson of the Board;

“chief executive” has the meaning assigned to it by section 16(1);

“child” has the same meaning as it has in the Children Act 2001;

“committee of the Board” has the meaning assigned to it by section 15(1);

“confidential information” includes—

(a) information that is expressed by the Agency to be confidential either as regards particular information or as regards information of a particular class or description, or

(b) proposals of a commercial nature or tenders submitted to the Agency by any person;

“education and training board” has the same meaning as it has in the Education and Training Boards Act 2013;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“establishment day” means the day appointed under section 4;

“Irish Prison Service” means the prison service of the Department of Justice, which is charged with the management of prisons;

“local authority” has the same meaning as it has in the Local Government Act 2001;

“Minister” means the Minister for Justice;

“policy directives” has the meaning assigned to it by section 38(5);

“prison” means a place of custody (other than a Garda Síochána station) administered by or on behalf of the Minister and includes a place—

(a) provided under section 2 of the Prisons Act 1970, and

(b) specified under section 3 of the Prisons Act 1972;

“Probation Service” means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible, commonly known by that name;

“public service body” means—

(a) a Department of State,

(b) the Child and Family Agency,

(c) the Health Service Executive,

(d) An Garda Síochána,

(e) the Courts Service,

(f) the Irish Prison Service,

(g) the Probation Service,

(h) An tÚdarás um Ard-Oideachas,

(i) the Legal Aid Board,

(j) the National Council for Curriculum and Assessment,

(k) An tSeirbhís Oideachais Leanúnaigh agus Scileanna (Solas),

(l) a local authority,

(m) an education and training board,

(n) a designated institution of higher education within the meaning of the Higher Education Authority Act 2022,

(o) the Central Statistics Office, and

(p) a body designated under section 42 as a public service body;

“service provider” has the meaning assigned to it by section 40(1);

“victim” means a person who has suffered harm, including physical, mental or emotional harm or economic loss, which was directly caused by an act of domestic, sexual or gender-based violence against that person or, where that person is a child, against a parent or guardian of that person.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Agency

4. Establishment day

4. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

5. Establishment of Agency

5. (1) There shall stand established on the establishment day a body which shall be known as An Ghníomhaireacht um Fhoréigean Baile, Gnéasach agus Inscnebhunaithe (in this Act referred to as the “Agency”) to perform the functions conferred on it by or under this Act.

(2) The Agency shall be a body corporate with perpetual succession and an official seal, and with the power—

(a) to sue and be sued in its corporate name, and

(b) to acquire, hold and dispose of land, an interest in land, or any other property with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(3) The Agency shall provide itself with a seal as soon as practicable after the establishment day and the seal shall be authenticated by—

(a) the signatures of both the chief executive and a member of the Board authorised by the Board to act in that behalf, or

(b) the signatures of both—

(i) such member of the staff of the Agency as is authorised by the chief executive to act in that behalf, and

(ii) a member of the Board authorised by the Board to act in that behalf.

(4) Judicial notice shall be taken of the seal of the Agency and any document purporting to be an instrument made by the Agency, and to be sealed with the seal of the Agency authenticated in accordance with subsection (3), shall, unless the contrary is shown, be evidence of that instrument without further proof.

(5) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Agency by any person authorised by the Agency in that behalf.

6. Functions of Agency

6. (1) The Agency shall have the following functions:

(a) to plan, coordinate and monitor the development of refuge accommodation for victims of domestic, sexual or gender-based violence;

(b) to provide support to service providers, including financial assistance, for the provision by them of—

(i) services delivered in refuge accommodation and other services for victims and persons at risk of domestic, sexual or gender-based violence, and

(ii) programmes with the purpose of preventing, and reducing the incidence of, such violence;

(c) where so requested by the Minister, to prepare, and submit for the approval of the Minister, standards for the provision of the services referred to in paragraph (b)(i) and the programmes referred to in paragraph (b)(ii);

(d) to monitor adherence by service providers to the standards referred to in paragraph (c);

(e) to compile and publish information regarding the availability of the refuge accommodation referred to in paragraph (a) and the services and programmes referred to in paragraph (b);

(f) to develop and implement public campaigns, and provide advice or support in relation to the development of public campaigns by public service bodies and other persons, for the purposes of—

(i) increasing awareness of domestic, sexual and gender-based violence and the associated risk factors, and

(ii) reducing the incidence of such forms of violence;

(g) where requested by the Minister, to provide him or her with—

(i) such assistance as he or she may require in the development or evaluation of strategies and plans in relation to domestic, sexual or gender-based violence, and

(ii) in such form and frequency as the Minister may specify, reports on the implementation of such strategies and plans;

(h) to coordinate, oversee and provide advice and support, as appropriate, in relation to the implementation by public service bodies of the strategies and plans referred to in paragraph (g);

(i) to undertake, commission, assist or collaborate in research (including the collection, compilation and assessment of statistical data) to support the evaluation of policies, strategies and services relating to domestic, sexual or gender-based violence and to support generally the effective performance by the Agency of its other functions under this Act or any other enactment;

(j) such additional functions as are conferred on it under subsection (5).

(2) In performing its functions, the Agency shall—

(a) collaborate with any person that the Agency considers appropriate in relation to any matter connected with the functions of the Agency,

(b) engage with, and consider recommendations from, public service bodies, international bodies, persons with expertise in the area of domestic, sexual or gender-based violence, persons in receipt of the services or programmes referred to in subsection (1)(b) and the general public,

(c) have regard to the diverse circumstances and needs of victims and persons at risk of domestic, sexual or gender-based violence (including children and young persons),

(d) have regard to the policies and objectives of the Minister and the Government in so far as those policies and objectives may affect, or relate to, the functions of the Agency, and

(e) have regard to the resources available to the Agency and the need to secure the most beneficial, effective and efficient use of those resources.

(3) The Agency shall act through, and its functions shall be performed in the name of the Agency by, the chief executive.

(4) The Agency shall have all such powers as are necessary or expedient for the performance by it of its functions.

(5) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, by order confer on the Agency such additional functions connected with its existing functions as the Minister considers to be appropriate, subject to such conditions (if any) as may be specified in the order.

(6) An order under subsection (5) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or appropriate for the purposes of giving full effect to the conferral of additional functions on the Agency.

(7) An order made by the Minister under subsection (5) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7. Establishment and membership of Board

7. (1) The Agency shall have a Board (in this Act referred to as the “Board”) consisting of the following members:

(a) a chairperson;

(b) 6 ordinary members.

(2) The chairperson and the ordinary members of the Board shall be appointed by the Minister from among persons who, in the opinion of the Minister, have experience and expertise in—

(a) policy implementation, service delivery, advocacy, research, education or training in relation to domestic, sexual or gender-based violence,

(b) organisational governance, management or public administration, or

(c) other matters relevant to the functions of the Agency,

sufficient to enable them to make a substantial contribution to the effective and efficient operation of the Agency.

(3) The Minister may appoint one of his or her officers as an ordinary member of the Board under subsection (2).

(4) The Minister shall, in so far as practicable, endeavour to ensure that among the members of the Board there is an equitable gender balance.

(5) Subject to subsection (6), the chairperson of the Board shall be appointed by the Minister from among the members of the Board.

(6) The Minister may, before the coming into operation of this section, designate a person to be appointed as the first chairperson of the Board.

(7) Where, immediately before the coming into operation of this section, a person stands designated under subsection (6), that person shall, on such coming into operation, stand appointed as the first chairperson of the Board.

(8) The Minister may, before the coming into operation of this section, designate persons (including one of his or her officers) to be appointed as the first ordinary members of the Board.

(9) Where, immediately before the coming into operation of this section, a person stands designated under subsection (8), the person shall, on such coming into operation, stand appointed as an ordinary member of the Board.

8. Functions of Board

8. (1) The Board shall have the following functions:

(a) to provide strategic direction to the Agency;

(b) to adopt the annual report;

(c) to oversee the implementation by the chief executive of the corporate plan as laid under section 31(1) and the annual business plan;

(d) to provide guidance and advice to the chief executive where requested under section 19;

(e) to promote high standards of corporate governance in the Agency;

(f) to advise, or make recommendations to, the Minister in relation to the policies of the Minister and the Government relating to or affecting the functions of the Agency.

(2) The Board shall have all such powers as are necessary or expedient for the performance of its functions.

(3) The Board, in the performance of its functions under this Act, shall have regard to the policies and objectives of the Minister and the Government in so far as those policies and objectives may affect, or relate to, the functions of the Agency.

(4) The Board shall be responsible to the Minister for the performance of its functions and shall inform the Minister in writing of any matter that it considers requires his or her attention.

9. Terms of appointment and conditions of office of Board members

9. (1) Subject to subsection (2), a member of the Board shall hold office, unless the member sooner resigns, dies, becomes disqualified or is removed from office, for such period, not exceeding 4 years from the date of his or her appointment, as the Minister shall determine.

(2) Of the ordinary members of the Board that are first appointed under this Act—

(a) such 3 members as are determined by the Minister shall hold office for a period of 3 years from the date of their respective appointments as ordinary members, and

(b) the remaining 3 members shall hold office for a period of 4 years from the date of their respective appointments as ordinary members.

(3) Subject to subsection (4), a member of the Board whose term of office expires by the effluxion of time shall be eligible for reappointment to the Board.

(4) A person who is reappointed to the Board in accordance with subsection (3) shall not hold office for periods the aggregate of which exceeds 7 years.

(5) The chairperson and ordinary members of the Board shall—

(a) hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and

(b) be paid out of moneys at the disposal of the Agency.

(6) A member of the Board may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice, or, if a date is specified in the notice and the Minister agrees to that date, on that date.

10. Casual vacancies

10. (1) If a member of the Board resigns, dies, ceases to hold office (otherwise than by effluxion of time), ceases to be qualified to hold office or is removed from office, the Minister shall, as soon as practicable, appoint, consistent with the provisions of sections 7 and 9, a person to fill the casual vacancy so arising.

(2) A person appointed under subsection (1) shall hold office for the unexpired period of his or her predecessor’s term of office or such other period (which shall not be less than such unexpired period but which shall not exceed 4 years) as the Minister may determine.

(3) A person appointed under subsection (1) is eligible for reappointment to the Board on the expiry of the unexpired period or other period, as appropriate, referred to in subsection (2) but shall not hold office for more than 2 further consecutive terms and in any event shall not hold office for periods the aggregate of which exceeds 7 years.

11. Ineligibility for appointment, disqualification from office, cessation of membership

11. (1) A person shall not be eligible to be appointed as a member of the Board if the person is—

(a) a member of either House of the Oireachtas,

(b) entitled under the rules of procedure of the European Parliament to sit in that Parliament,

(c) a member of a local authority, or

(d) a member of staff of the Agency.

(2) A person shall be disqualified from holding, and shall cease to hold, office as a member of the Board if he or she—

(a) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(b) is convicted on indictment of an offence,

(c) is convicted of an offence involving fraud or dishonesty,

(d) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act,

(e) is subject or is deemed to be subject to a disqualification order (within the meaning of Chapter 4 of Part 14 of the Companies Act 2014) whether by virtue of that Chapter or any other provision of that Act, or

(f) is removed by a competent authority for any reason (other than failure to pay a fee) from a register established for the purpose of registering members of a profession in the State or another jurisdiction.

(3) Where a member of the Board is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, or

(d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to hold office as a member of the Board.

12. Removal of member of Board

12. The Minister may, at any time, remove from office a member of the Board if, in the opinion of the Minister—

(a) the member has become incapable through ill-health or otherwise of effectively performing his or her functions,

(b) the member has committed stated misbehaviour,

(c) the removal of the member is necessary for the effective and efficient performance by the Board of its functions,