Oireachtas Joint and Select Committees

Tuesday, 18 October 2022

Joint Committee On Children, Equality, Disability, Integration And Youth

Organisation of Working Time (Domestic Violence Leave) Bill 2020: Discussion (Resumed)

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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I was very much taken by Dr. Duvvury's contributions. I could listen to her all day. We do not hear very much about the point she made in her statement about the tendency among people who have experienced domestic violence to minimise it. They tend to feel that it was not that bad, that they had a lucky escape or that it was worse for a previous person. We do not talk about that part of domestic violence enough. It comes back to ensuring people are believed and supported.

I am conscious that before we had legislation in place on coercive control, people associated domestic violence with physical violence and did not look at other forms of violence, such as emotional abuse and coercive control, and all of the negative impacts they have. The legislation has been positive in two respects. Obviously, perpetrators can be brought to justice when there is legislation in place. In addition, this legislation has changed the conversation in society. There are even advertisements about it. One often hears Safe Ireland talking about somebody being on the phone saying he or she is sick, has a headache or cannot make it. We all seen such situations in some way, shape or form.

The ten days' leave is important because it is not just about the days; it is also about having the conversation, over and again, until people in society realise that domestic violence is a real situation and a real problem. We have to figure out how to tackle it from way beyond getting to the fact that ten days' leave is needed. We have to tackle it from an early part of life by letting children know what a healthy relationship is and what red flags to look out for. The more we have legislation, conversations and support, the more the conversation is widened.

All of the members left in the room are female. I know men experience domestic violence, but it is primarily women who experience it. These women might be more likely to come to us more than to a male Deputy. The conversation has moved on a great deal, even from when I was first elected in 2016. We can often dwell on how long it takes to make changes, especially in this institution. Even though the change can be small, at least it is progress. I always hope that one or two women tuning in will ask whether they are in that situation and look at what has been happening to them for years, which they have been accepting and seeing as the norm. Perhaps all the gaslighting and conditioning makes them think it is normal when, in fact, it is not.

It is not just about the ten days. They are crucial, but having legislation for ten days will show that people will be believed and allow them to have the confidence to come forward, even if they never actually need the ten days and are able to work around it. From a practical point of view, if somebody in an abusive relationship seeks a protection order, that is at least one full day in court. The case will obviously be heard during Monday-to-Friday hours. The person then has to apply for a safety order, which may take more than one day. Deputy Cairns touched on this with regard to a lady from west Cork.

Safety and protection orders fall under the family courts. It might be different in the cities from in rural areas, but in Kilkenny we have one family court sitting per month. If a person is on the court's list, it may get to him or her, but the person has to be in court for the entire day and may have to come back on a different day. Three days are gone straight away before the person ever contacts the Garda. It could take hours, days or weeks to give a statement to the Garda.

When one looks at all that, it is not surprising that only one in three women report, which I did not realise was the statistic until today. That is why. It is overwhelming and the person has to keep trying to prove domestic violence in various ways, even if proof is not sought. The ten days are absolutely vital not just from a practical point of view, but also from the point of view of us changing as a society. We may be getting into difficulties in that it may be unfair of us to legislate for five days when some very good private sector employers such as Danske Bank and Vodafone and others are already providing ten days and are, in fairness, leading the way. Where does that leave people? Will those employers go back to five days?

I understand I have not asked any questions. I sought to make the point to the Department that it should look at those ten days in the Bill and see how important they are. I acknowledge the work that the Irish Congress of Trade Unions has done, and especially the work of Dr. Duvvury. I acknowledge the work she has done, in general, but the points she has made today are very important. We need to speak about those points much more often.

Does anyone want to make any closing remarks?