Frank Fahey (Galway West, Fianna Fail)

I move amendment No. 1:

To delete all words after "Dáil Éireann" and substitute the following:

"affirms that domestic violence is a heinous crime and cruel wrong that affects the safety and welfare of vulnerable persons in the home, including children;

agrees that the National Crime Council in 2005 reported that 15%, about 1 in 7, of women had experienced violence;

acknowledges the comprehensive protection afforded victims of domestic violence contained in our civil and criminal law codes, namely:

the Criminal Law (Rape) Amendment Act 1990;

the Domestic Violence Act 1996;

the Non-Fatal Offences against the Person Act 1997;

the Domestic Violence (Amendment) Act 2002;

the Criminal Justice Act 2006; and

the Criminal Law (Sexual Offences) Act 2006;

welcomes the substantial increases in funding provided under this Government, including a threefold increase over the past ten years in funding to front line services provided through the Health Service Executive to over €17 million this year, and a sevenfold increase over the past five years for awareness raising and perpetrator programmes of the Department of Justice, Equality and Law Reform to exceed €2.1 million in 2007;

notes the commitment to continued funding to tackle domestic violence contained in the recently published National Development Plan 2007 to 2013;

notes that the Government's national women's strategy is being finalised for publication in the near future and welcomes in particular that it contains proposals in relation to the establishment in the Department of Justice, Equality and Law Reform of a national domestic violence office which will ensure the development of a well co-ordinated 'whole of Government' response to violence against women;

supports the Government's strategic approach by way of updating of the wide-ranging codes of law that address violence in the home, the changes in administrative structures and the substantial increases in funding of public services and non-governmental organisations;

notes that the 1997 Task Force Report on Violence against Women was published as a blue print recommending new structures and comprehensive services to bring perpetrators to justice and to support victims;

notes the establishment of the Domestic Violence and Sexual Assault Unit in the Garda Síochána in 1997;

welcomes the special training of the Garda Síochána in the investigation of cases of domestic violence, which is provided by experienced Garda personnel, assisted by other professionals, such as psychologists, doctors, social workers and also experts from the various non-governmental organisations; and

commends the work undertaken by the national steering committee on violence against women under the Chairmanship of Minister of State, Deputy Frank Fahey, in bringing together all of the Government Departments, State bodies and non-governmental organisations which work with victims of violence."

The House will be aware that policy in the civil law on barring, protection and safety orders is contained in the Domestic Violence Acts of 1996 and 2002. These Acts provide for the protection of any spouse, any children and other dependent persons and persons in other domestic relationships whose safety or welfare requires it because of the conduct of another person in the domestic relationship. The Act of 1996 prescribes that where the court, on application to it, is of the opinion that there are reasonable grounds for believing the safety or welfare of the applicant or any dependent person so requires, it may make either a barring order, a protection order or a safety order. In the case of the granting of an interim barring order, that is, an order made between the making of an application for a barring order and its determination, under the 1996 Act the court must be of the opinion that, (a) there is an immediate risk of significant harm to the applicant or any dependent person if the order is not made immediately, and (b) that the granting of a protection order would not be sufficient to protect the applicant or any dependent person.

In the Act of 2002 the Tánaiste, in response to some legal difficulties with the operation of the 1996 Act, made provision that the application for an interim barring order must be made either on affidavit or on sworn information and, if the order is made ex parte, a note of the evidence given, together with the court order and the affidavit or sworn information, must be served on the respondent as soon as practicable.

The importance of the Domestic Violence Acts is that they are premised on the basis of the safety and welfare of vulnerable persons, including children, in the home. Where children are concerned, the Acts already ensure that the courts may, of their own motion, or on the application of any person concerned, adjourn proceedings and direct the Health Service Executive to undertake any necessary investigations of the circumstances of the child. In addition, the court may give such directions, under the Child Care Act 1991, as it sees fit, as to the care and the custody of the child. The court may also make a supervision order under the 1991 Act in respect of the parent of the child, pending any investigation. That power of the court exists under the 1991 Act, whether in the context of associated proceedings under the Domestic Violence Acts or otherwise.

As the House will be aware, violence against women requires a co-ordinated response across a number of Departments. The Department of Justice, Equality and Law Reform and its agencies make the protection of barring orders available to women who experience violence and prosecute the perpetrators of violence through a comprehensive and well formulated response by the Garda Síochána and the courts.

The Legal Aid Board provides legal services in domestic violence cases to those who are financially eligible. Applications involving domestic violence are prioritised and applicants are given an appointment to see a law centre solicitor or given a legal aid certificate to allow them to retain a private solicitor from a panel within a couple of days of first making contact. In Dublin, application can be made to any of the board's seven law centres located in the city or to the board's private practitioner centre located at Montague Court, Montague Street, Dublin 2. Outside of Dublin, application should be made to any of the board's remaining 23 law centres. Contact details for the board's centres are available on its website.

The board does not distinguish between the applicant and the respondent in domestic violence cases. Thus the board may equally provide representation to an alleged perpetrator as it may to a victim. The board has also published a series of information leaflets on its services and on the core areas of its work. These include a leaflet on domestic violence, leaflets on other areas of family law and a leaflet setting out the financial eligibility criteria for its services.

District Court staff will help with the completion of application forms under the Domestic Violence Acts. They cannot offer legal advice but offer whatever assistance they can. The Courts Service provides assistance from its information office on how to prepare an application to the court for protection under the Acts, information on what happens in court on the day of the full hearing of an application and the role of the judge. It directs applicants to the services available from the Legal Aid Board and other Government agencies and non-governmental support services.

Criminal law sanctions exist for breaches of safety orders, barring orders, interim barring orders and protection orders under the Acts of 1996 and 2002. The punishment is a fine or imprisonment or both. These sanctions operate without prejudice to the law as to contempt of court or any other liability, whether civil or criminal that may be incurred by the perpetrator concerned. Where a member of the Garda Síochána suspects there has been a contravention of the terms of an order by the respondent, on a complaint being made to him or her in that regard by or on behalf of the applicant, the member may arrest the respondent without warrant. For that purpose, the member may enter, if need be by force, and search any place where he suspects the respondent to be.

Statistics from the Courts Service for 2005 show that it granted 1,037 safety orders, 2,622 protection orders, 550 interim barring orders and 1,265 barring orders. The statistics also show that 115 safety orders, 71 protection orders, 34 interim barring orders and 100 barring orders were refused last year. Of the numbers of applications which were withdrawn or struck out, these numbered 1,714 barring orders, 157 protection orders, 38 interim barring orders and 1,818 barring orders, all of which were withdrawn or struck out last year. The numbers of applications withdrawn or struck out are noteworthy. They demonstrate uniquely among applications to court the extent to which there is equivocation on behalf of the applicant. Behind the figures is a state of mind and, no doubt, turmoil in the home that changes by the time of the hearing of a case.

Domestic violence is a serious crime but too often it is a hidden crime in our society. We must never lose sight of the fact that it is a heinous crime. All sides of this House are in total agreement with the Government's policy which fully recognises this crime and the need to punish offenders most severely. It is for this reason that there is a substantial range of laws that can apply to crimes in the home. These are contained in the Criminal Law (Rape) Amendment Act 1990, the Domestic Violence Acts, 1996 and 2002, in so far as breaches of orders under the Acts are concerned, the Non-Fatal Offences Against the Person Act 1997, the Domestic Violence (Amendment) Act 2002, the Sex Offenders Act 2001, the Criminal Justice Act 2006, and the Criminal Law (Sexual Offences) Act 2006.

There have been calls from Women's Aid to remove the residency requirement in the Domestic Violence Acts, under which partners must establish a certain period of cohabitation. That request has not been met by successive Governments because of legal difficulties. The position remains that there are no proposals to extend the civil law policy of the Acts of 1996 and 2002 to non-domestic abusive relationships which can be the subject of sanctions under the criminal law. In particular, the Non-Fatal Offences Against the Person Act 1997 covers a wide range of situations, including domestic abuse, harassment, and stalking. Relief is available to people who are not married to or living with the abuser for the previous six months and are not entitled to avail of protection under the Domestic Violence Acts. In any event, operation of the law on the civil law protection of persons in relationships continues to be kept under review in my Department.

Members of the Garda Síochána are trained to the highest standard in dealing with incidents of domestic violence. Lectures relating to offences committed within the family are given at phases 1, 3 and 5 of training at the Garda College. The lectures cover all matters relevant to the Domestic Violence Acts. Powers of entry, use of force, arrest and prosecution of offenders are all covered during training. Moreover, the contextual policing aspect of training deals with the rights of victims in situations of domestic violence. Throughout training, students and probationers undertake role-play exercises with scenarios which depict practical incidents they may encounter relating to domestic violence. This role-play type training develops skills and competencies in dealing with all aspects of domestic violence.

In the Garda Síochána, the domestic violence and sexual assault unit was established to have a national role in 1997. The Garda has a written policy on domestic violence intervention which is arrest oriented and recognises the vulnerable circumstances in which the victims find themselves. Any evidence of fear or harassment is brought to the attention of the court in the event of a bail application. This domestic violence policy is an integral part of Garda training and is reinforced continuously. All the feedback on this policy is positive. Nonetheless, the Garda has undertaken a review of this policy with a view to modernising and honing its procedures further.

In 1996, the Chief Justice established the Judicial Studies Institute to oversee judicial training. The Judicial Studies Institute has organised professional training seminars and conferences for the Judiciary and exchange visits with other jurisdictions. The Department of Justice, Equality and Law Reform has no function in prescribing the content and nature of training provided to the Judiciary. This is due to the independence of the courts under the Constitution. However, the Department has always assisted with initiatives which the Judiciary has brought forward in the area of training. Funds have always been available to judges at all levels to enable them to attend training seminars and conferences both at home and abroad. The Courts and Court Officers Act 1995 provides that the Minister for Justice, Equality and Law Reform may, with the consent of the Minister for Finance, provide funds for the training and education of judges. This Act also provides that persons wishing to be considered for judicial appointment must give their agreement, if appointed to judicial office, to undertake such course or courses of training or education as may be required by the Chief Justice or President of the Court to which that person is appointed.

The probation service recognises the importance of addressing the issue of domestic violence in working with offenders towards increasing public safety and helping offenders to avoid re-offending. One of the key responsibilities of probation officers is to provide the courts with probation reports to assist in sentencing decisions. These reports assess the risk of re-offending and the capacity and motivation of an offender to address and change offending behaviour. The probation service is supported in this by means of a risk assessment tool.

In addition to assessment, the service has a role in the management of offenders in the community. In support of this work, the service is represented on a number of multi-agency fora including the National Domestic Violence Intervention Agency steering group and regional steering groups. Probation service staff are also involved on the north-east domestic violence intervention programme and in similar multi-agency groups in the Wexford-Waterford area. In addition, the Department provides a grant to Men Overcoming Violence, MOVE Ireland, through the probation service.

The Government's key aims with regard to domestic violence are to bring perpetrators to justice and to help victims, who are most frequently women but can include men, to come forward to seek help and redress and to provide them with the support they and their families need. Another Government aim is to stamp out this dreadful crime by creating awareness among people of all ages and by changing the culture of anger and violence that can infiltrate intimate partner relationships.

We must create a culture where every man, woman and child in our country enjoys the right to live in peace and harmony in his or her home. We must also create awareness among all people in Ireland that domestic violence can take place behind closed doors in houses in every suburb, town and village. It happens in the homes of the affluent and the homes of those who may have to struggle to make ends meet and is a crime without social class.

The excellent report published by the National Crime Council in 2005 showed that 15% of women, approximately one in seven, have experienced severely abusive behaviour of a physical, sexual or emotional nature from a partner at some time in their lives. The survey suggests that some 213,000 women in Ireland have been severely abused by a partner at some point in their lives. Accordingly, we must ensure that support is available so that female victims of violence can seek support and redress through the legal system and other support services without experiencing embarrassment and shame.

Much has been achieved since the 1997 task force report on violence against women was published as a blueprint, recommending new structures and comprehensive services to bring perpetrators to justice and to support victims. I chair the national steering committee on violence against women, which brings together all Departments and the State bodies and non-governmental organisations that work with victims of violence. The committee works to implement the recommendations of the task force report.

I was pleased the Government made a very significant increase in funding in budget 2007 to the non-governmental organisations that offer important frontline services to support victims of violence against women. This complements the health care and personal social services victims may also require. The increase of €4.5 million made available to the Department of Health and Children for the Health Service Executive means that these groups will have over €16 million available this year to provide enhanced support services to help combat and to respond to domestic violence. I accept that there was no increase for a number of years, a major mistake. This was balanced by the increase of €4.5 million in this year's budget.

I must pay tribute to those in the voluntary and State sectors who work selflessly with the victims of domestic violence. I am equally happy to acknowledge the increased funding in excess of €2.1 million granted to the Department of Justice, Equality and Law Reform to increase the availability of perpetrator programmes provided by NGOs and to enable us to undertake further awareness raising campaigns.

Members may have seen the extensive media campaign that the Department ran in November and December to coincide with the international 16 days of action on violence against women. This was very well received by the sector and we understand that the campaign reached a considerable audience.

The Department of the Environment, Heritage and Local Government makes capital and current funding available to voluntary housing bodies and the local authorities respectively for accommodation for homeless people, including those who are victims of domestic violence and are forced to leave the family home because of a violent partner.

The Department of Justice, Equality and Law Reform, together with the Garda Síochána and the Courts Service, plays a major role in the responses to domestic violence of the civil and criminal justice systems. Domestic violence is a difficult crime to deal with because there can be barriers of influence, authority, shame and even affection between the perpetrator and victim, which can militate against reporting and prosecution of the offence. Tackling these barriers is crucial and the Garda Síochána ensures that domestic violence is dealt with as a serious criminal matter.

Although there has been progress, the level of reporting of incidents of domestic violence remains low. The National Crime Council report found that a little under a quarter of all people surveyed who had experienced severe domestic abuse had reported it to the Garda Síochána. The reasons for not reporting are complex and include a belief that it was not serious enough, that it was the victim's fault or that reporting could end the relationship.

This highlights the complexity and the need to build up the confidence of victims and their awareness of the supports open to them. This is being done in a number of ways, including support to the victims as they proceed through the legal channels and work with the perpetrators of violence to make them understand the gravity of such violence as a crime and to enable them to change their behaviour towards the partner.

The Commission for the Support of Victims of Crime within my Department provides funding to Women's Aid and to the Rape Crisis Centres to assist with running court accompaniment services which assist the victims. The Department also funds perpetrator programmes designed to promote changes in personal behaviour and to prevent future abuse. This type of work both here and internationally is relatively new and is far from straightforward but in some instances, with the right safeguards, it has a role to play in tackling domestic violence. We have undertaken a review of the existing programmes and the recommendations are being considered and will guide our policy decisions.

The final report of the completed pilot project by the National Domestic Violence Intervention Agency, NDVIA, was received at the end of January 2007. Further funding for the project on an interim basis was agreed by the Department and the NDVIA. Officials in the Department are now reviewing this final report, together with the 2006 external evaluation of the pilot project. The aim of this local pilot project was to develop an integrated response to domestic violence. We are considering how we might progress such an approach on a nationwide basis. In response to certain comments, I wish to emphasise that this was a pilot project in one area of the country, namely in Dún Laoghaire and Bray. The project, which was intended to run for one year, cost €530,000. In the course of the four years for which it ran fewer than 40 victims and perpetrators were assisted. Much media attention suggested that it was a national programme. This was not so.

I expect that proposals will be brought to Government very shortly on the establishment of a domestic violence agency which will ensure the development of a well co-ordinated whole of Government response to violence against women.

In addition, the Department is in discussions with the National Crime Council about the appointment of a researcher who would specialise in this area and keep all our policy-makers informed on best practice in other countries. The present debate is timely as the Department of Justice, Equality and Law Reform last year commissioned a study which would review the work of the national steering committee on violence against women and the implementation of the 1997 task force, and would develop a new strategic action plan for the committee. The national steering committee is considering the final report from the consultants. We hope to publish that report in the coming weeks.

I agree with the comments made by all Deputies that domestic violence is a heinous crime. State agencies and service providers such as the Rape Crisis Centre and Women's Aid have tackled it. The new office which I will propose soon to Government will incorporate all of the Departments and agencies in one office along the lines of the Office for Children or the Office for Juvenile Justice. This will bring about a significant improvement in the provision of services to the victims of domestic violence from here on in. There are many areas of concern in our community and we have worked diligently over the past 18 months, since I took over as chairman of the national committee, to address those issues. The agencies have welcomed the extra resources made available. These agencies include the national Rape Crisis Network centres, Women's Aid and the national body representing women's refuges. We are on a strong footing to provide a much better support service for victims of domestic violence, and to ensure that the perpetrators of violence are brought to justice quickly and effectively by the regime the Garda Síochána has put in place.

I thank the House for the opportunity to discuss this important topic this evening and I commend the amendment to the House.

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