Ms Niamh Wilson:

I thank the committee for inviting us here and for giving our organisation an opportunity to present to it today. The Domestic Violence Advocacy Service, DVAS, is a support and advocacy service for women at risk of abuse and violence in intimate relationships. In our daily work, we witness the myriad of barriers women face in attempting to access safety for themselves and their children. Some of these barriers are created by State responses, so we wish to take this opportunity to highlight two key issues that we believe underpin particular weaknesses in the State's response to domestic violence.

The first example I wish to highlight refers to the 2011 housing regulations that have excluded women who are joint owners of the family home from being assessed for social housing supports. This in turn leads to women in this situation who are experiencing domestic violence being deemed as ineligible for rent supplement. In 2013, 12 women accessing our service who sought to leave home because it was no longer safe for themselves or their children could not access alternative accommodation because of these regulations. Local authorities, although sympathetic to the dilemma this placed the women in, were unable to step outside of the housing regulations to make exceptions. After prolonged periods of advocacy from the DVAS, during which the women remained at risk, four women were provided with a short-term interim payment for accommodation support by the Department of Social Protection community welfare service. The DVAS wishes to acknowledge that at local level, the local authorities and the Department of Social Protection collaborated with us to find a solution to this problem and have agreed a local protocol. However, decisions by the Department will continue to be made on a case-by-case basis subsequent to a risk assessment and advocacy provided by the DVAS. This may provide a solution to those women who access our service, but there remains a concern about those women who experience domestic violence and who do not approach us or any other domestic violence service for support. We know from a forthcoming EU prevalence study that approximately 11% of women experiencing domestic violence might access a victim support service or refuge. We support the recommendation made by Safe Ireland that the 2011 housing regulations be amended to ensure that all women presenting for social housing support because of domestic violence are assessed as eligible when it is clear that they cannot provide alternative accommodation from their own means.

The second issue has already been addressed by Safe Ireland but I wish to take this opportunity to provide information from our service in support of its submission. Its soon-to-be-published research illustrates that even where legislation and policy are fit for purpose, their efficacy can only be assured when those charged with their application and enforcement are fully equipped with knowledge and understanding about domestic violence. In addition, informed and evidence-based responses must be delivered within strong institutional mechanisms that are primarily focused on accountability for how victims are protected from further victimisation and harm. Where legislation including the Domestic Violence Act and the Non-Fatal Offences Against the Person Act have been enforced and the Garda and courts have worked together to hold the perpetrator to account, women have reported to us that their safety and that of their children have increased significantly. Numerous other positive outcomes are then possible once this safety is achieved. However, many of the problems lie in the inconsistent enforcement and application of legislation in Ireland.

The experiences of our service users indicate a worrying level of inconsistent responses. We have received reports of highly effective responses but we have also received a number of reports where this did not happen. Examples of ineffective practice from our data include women who are told there is nothing the Garda can do unless they have a court order, even though they have reported a crime, women not being informed that they could make a statement even though a crime had taken place, and women understanding that they had made a formal complaint when reporting to the Garda but subsequently realising upon accessing our service that no complaint can be made until a formal statement is taken and signed by the woman.

Our records also indicate a significant discrepancy between the level of crime women are experiencing and the level of subsequent prosecutions and convictions. In a review of our case files in 2010, 64 of our service users reported a total of 157 crimes to us including assault causing harm, rape, sexual assault, threats to kill and false imprisonment. Half of these women, 32, reported the crimes to the Garda and on 12 occasions statements were made. There is a record of only one prosecution proceeding and no conviction of any of the perpetrators of the reported crimes in that year.

While our records do not provide a comprehensive overview of Garda or court responses, we assert that these records reflect the experience of our service users and of women throughout Ireland. The effective decriminalisation of domestic violence is leading to a situation where perpetrators continue to abuse and violate with impunity and woman and children remain unprotected. We therefore support the recommendations emerging from the Safe Ireland legal and housing research. Strong institutional mechanisms focusing on accountability of all agencies responsible for the protection of women and children should be prioritised.